WEEKLY SESSION NOTES
Senate republican policy committee – Joe conti, chairman

Monday, June 28, 2004

Senate Bill 217 (Greenleaf) would amend the Judicial Code to add a new chapter providing for state intermediate punishment involving confinement with drug treatment as an alternative form of sentencing.  An eligible offender would be a person convicted of a drug-related offense who is in need of addiction treatment and who would otherwise be sentenced to a state correctional institution.  In order to be eligible, the offender could not be subject to a sentence with an enhancement for use of a deadly weapon, have a history of violent behavior, or have committed a personal injury crime. 

Prior to sentencing, the court could commit an eligible offender to the custody of the Department of Corrections for evaluation to determine if the offender would benefit from an alternative sentence for drug treatment.  The Department would have to complete the assessment and report its findings within 60 days.  Upon receipt of a recommendation for placement in a treatment program, and with the agreement of the attorney for the Commonwealth and the defendant, the court could sentence an eligible offender to a period of 24 months of state intermediate punishment.  Nothing would prohibit the court from sentencing the offender to a consecutive period of probation.  However, the total duration of the sentence could not exceed the maximum term for which the offender could otherwise be sentenced.  The 24-month period of intermediate punishment would include not less than seven months in a state correctional institution; not less than four months in an institutional therapeutic community; at least two months in a community-based therapeutic community; at least six months treatment through an outpatient addiction treatment facility; and, supervised reintegration into the community.  Upon successful completion of the program, the Department would notify the court and the offender would be released to serve any remaining period of probation.  Offenders failing to complete the program would be sentenced to a term of incarceration not to exceed the maximum statutory limit allowed by law for their offense.  The Department of Corrections and the Commission on Sentencing would have to report to the General Assembly.  The act would not give any individual a legal right to participate in the drug offender treatment program. 

The bill would also require an evaluation of the Motivational Boot Camp Program.  Other changes included in the bill would clarify that a person could only be sentenced to county intermediate punishment in a residential impatient program or rehabilitative center; under house arrest with electronic surveillance; a partial confinement program; or, any combination of the programs.  Passed:  49-0.

Senate Bill 931 (Pileggi) would amend the Police Officer, Firefighter and Correction Employee and National Guard Member Child Beneficiary Education Act to include the children of sheriffs and deputy sheriffs killed in the line of the duty in the postsecondary educational gratuity program.  Under the program, the children of the individuals covered by the law receive free tuition and room and board at Pennsylvania community colleges and state-owned and state- related universities.  Sheriffs and deputy sheriffs would be deemed to have been killed in the performance of their duties if death results from job-related injuries sustained or inflicted while maintaining order and security or otherwise carrying out their duties.  County commissioners would be required to provide written notification to the Pennsylvania Higher Education Assistance Agency within 20 days when a sheriff or deputy sheriff is killed in the performance of his or her duties.  Passed:  49-0.

Senate Resolution 288 (C. Williams) recognizes the month of September 2004 as "Ovarian Cancer Awareness Month" in Pennsylvania.  Adopted by Voice Vote.

House Bill 1488 (Ross) would repeal an obsolete act that fixed the salaries and compensation of officers, clerks and employees in the office of the recorder of deeds in Philadelphia.  Passed:  49-0.

Executive Session

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

Tuesday, June 29, 2004

Senate Bill 157 (Earll) would amend the Public School Code to add Article XXIII-A, to address credit card marketing on college campuses.  Under the provisions of the bill, the State Board of Education would have to require that institutions of higher education in Pennsylvania establish a policy to regulate the marketing of credit cards on campus.  When adopting the policy, the educational institutions would have to consider registering on campus credit card marketers, limiting marketers to specific areas of the campus, prohibiting marketers from offering gifts to students in exchange for completing a credit card application unless the student has been provided a credit card debt education brochure, providing, at least quarterly, a credit card debt education brochure with campus bookstore purchases, and developing a credit card debt education presentation to be incorporated into orientation programs.  The policy could prohibit any marketing of credit cards on campus.  Nothing in the article could be construed to impose civil or criminal liability on an institution of higher education for any claim involving student credit card debt.  The legislation would also make a technical change to the provisions allowing school districts to provide firefighter and emergency service training courses for credit and reenact a number of sections of the code.  Concurrence in House Amendments, as Amended:  50-0.

Senate Bill 200 (A. Williams) would amend the Public School Code to modify the provisions permitting an annuitant who is a certified teacher to return to work during an emergency without loss of his or her annuity.  The change would eliminate the current limitation and establish that the return to service could not extend beyond the school year during which the emergency or shortage occurs.  The annuitant would not be entitled to earn any credited service, and no contributions could be made by the annuitant, the employer, or the Commonwealth on account of the employment.  The bill would also expand the provisions to include "other personnel" and add a definition of "extracurricular position" to the subsection which permits an annuitant to be employed under separate contract in an extracurricular position.  An additional change would clarify that the extracurricular position would have to be "performed primarily" outside regular instructional hours and that the contract position filled be separate from the established academic course structure, including the position of athletic director.  Nothing in the subsection would be construed to abridge or limit any rights provided under a collective bargaining agreement or under the Public Employee Relations Act.  Concurrence in House Amendments, as Amended:  50-0.

Senate Bill 319 (Greenleaf) would create the Interstate Compact for Juveniles Act.  The measure is the enabling legislation for the Interstate Compact for Juveniles, which will manage the interstate movement of adjudicated youth, the return of non-adjudicated runaway youth, and the return of youth to states where they have been charged with delinquent acts.  The original compact, which is viewed as antiquated and not widely followed, was established in 1955.  Pennsylvania is currently a member of this compact.  The new compact establishes an independent operating authority to administer ongoing compact activity, including staff support.  The compact provides for representation of all member states on a national governing commission, which will adopt procedures and rules.  There is a mandatory funding mechanism to support compact operations.  The compact will be ratified when the 35th state enacts it into law.  Concurrence in House Amendments, as Amended:  50-0.

Senate Bill 751 (Dent) would amend the Medical Practice Act of 1985 to establish a continuing education requirement for respiratory therapists.  The change would require respiratory care practitioner certificate holders to complete 20 credit hours of approved continuing education as a condition of the biennial renewal of their certificates.  This requirement would be effective beginning with the licensure period established by regulation.  The State Board of Medicine must promulgate regulations within one year of the effective date of the act.  Concurrence in House Amendments:  50-0.

Senate Bill 752 (Dent) would amend the Osteopathic Medical Practice Act to establish a continuing education requirement for respiratory therapists.  The change would require respiratory care practitioner certificate holders to complete 20 credit hours of approved continuing education as a condition of the biennial renewal of their certificates.  This requirement would be effective beginning with the certification period established by regulation.  The Board would also be given the authority to refuse to issue, to suspend or revoke a certification if a person has obtained a certificate by fraud, is negligent or incompetent, or has had his or her certificate revoked or suspended in another state, among other reasons.  Furthermore, the bill would require physician assistants to be "licensed" as opposed to "certified", and would require physician assistants to hold the minimum of a baccalaureate degree and to complete not fewer than 60 hours of instruction in pharmacology or other related courses.  Concurrence in House Amendments:  50-0.

Senate Bill 1095 (Mellow) would designate Exit 182 on Interstate 81 in Lackawanna County as the Chuck Mattei Interchange.  Chuck Mattei was the district engineer of the Department of Transportation's Engineering District 4-0 and worked on the implementation and design of many road improvement projects in Lackawanna County.  Passed:  50-0.

Senate Bill 1099 (Jubelirer) would amend the Judicial Code to add 10 judges on the court of common pleas.  The new positions for Luzerne, Somerset, and Pike Counties would be established on January 7, 2008 and filled at the 2007 municipal election.  The remaining positions would be established on January 2, 2006 and filled at the 2005 municipal election.  Passed:  49-1.

Senate Bill 1155 (Thompson) would amend the Tax Reform Code to accelerate the phase out of the Capital Stock and Franchise Tax.  Under the change, the final tax rate of one mill would be in effect for 2009, and be eliminated completely thereafter.  Passed:  48-2.

Senate Bill 1160 (Gordner) would designate the Roaring Creek Tract of the Wyoming State Forest in Northumberland and Columbia Counties as the Senator Edward W. Helfrick Area of the Wyoming State Forest.  Passed:  50-0.

Senate Bill 1184 (Mellow) would authorize the release of Project 70 restrictions on 8.784 acres of land owned by the City of Scranton which is being conveyed to Lackawanna Land and Energy, Inc.  In exchange, Lackawanna Land and Energy Inc., will convey 9.253 acres to the City of Scranton.  Project 70 restrictions will be placed on this land.  Passed:  50-0.

Senate Resolution 289 (Rhoades) designates September 26, 2004 as "Unity Day" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 290 (Greenleaf) recognizes the week of September 27 through October 3, 2004 as "Equal Parents' Week" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 291 (Greenleaf) designates the month of September 2004 as "Prostate Cancer Awareness Month" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 292 (Corman) recognizes August 17 through 19, 2004 as "Ag Progress Days" in Pennsylvania.  Adopted by Voice Vote.

House Bill 445 (Nailor) would create the Sign Language Interpreter and Transliterator State Registration Act.  The measure would require persons who provide sign language interpreting/transliterating services for compensation to register with the Office of the Deaf and Hard of Hearing in the Department of Labor and Industry.  A person would submit to the Office and Deaf and Hard of Hearing an application; proof that he or she has passed the national certification test; and, pay a fee of $100 (every two years).  The Office of the Deaf and Hard of Hearing will review the application and, upon approval, issue a state registration to the applicant.  A registrant would have to renew the registration every two years.  The act provides exceptions for using a registered interpreter.  These include:  during religious services; during an emergency; as part of a supervised internship; at the specific request of the deaf person; when done strictly as a volunteer; for a school activity provided that the interpreter has been certified through the Pennsylvania Department of Education; and, in a physician's office providing that the patient is informed of his or her right to a state registered interpreter.  Passed:  50-0.

House Bill 1937 (Wojnaroski) would redesignate the bridge known as the Napoleon Street Bridge in Johnstown, Cambria County as the Edward A. Silk Memorial Bridge.  Edward A. Silk received the Congressional Medal of Honor for service in World War II and is one of only four Cambria County residents to receive the Congressional Medal of Honor.  Passed:  50-0.

House Bill 2378 (Geist) would designate the portion of State Route 4013 known as Chestnut Avenue in the City of Altoona and Logan Township, Blair County, from 8th Street to North 8th Street (Juniata), as the Jack E. Kuhn Memorial Highway.  Jack E. Kuhn was a native of Altoona who, after distinguished and decorated military service, returned to Altoona and served in the Altoona Police Department.  Passed:  50-0.

House Bill 2522 (Argall) would appropriate $4,689,000 from a restricted revenue account in the General Fund to the Office of Consumer Advocate in the Office of Attorney General for its operational expenses for the 2004-2005 Fiscal Year.  Passed:  50-0.

House Bill 2523 (Argall) would appropriate $967,000 from a restricted revenue account within the General Fund to the Office of Small Business Advocate in the Department of Community and Economic Development for its operational expenses for the 2004-2005 Fiscal Year.Passed:  50-0.

House Bill 2524 (Argall) would appropriate $23,490,000 from the State Employees' Retirement Fund to the State Employees' Retirement Board for its operational and administrative expenses for the 2004-2005 Fiscal Year.  Passed:  50-0.

House Bill 2525 (Argall) would appropriate $41,776,000 from the Public School Employees' Retirement Fund to the Public School Employees' Retirement Board for its operational and administrative expenses for the 2004-2005 Fiscal Year.  Passed:  50-0.

House Bill 2526 (Argall) would appropriate $22,902,000 from the Professional Licensure Augmentation Account within the General Fund to the Department of State for the operation of the Bureau of Professional and Occupational Affairs, including the State Board of Auctioneer Examiners, during the 2004-2005 Fiscal Year.  Other appropriations listed in the bill for operational costs during the 2004-2005 Fiscal Year include:  $8,778,000 to the State Board of Medicine; $1,496,000 to the State Board of Osteopathic Medicine; $317,000 to the State Board of Podiatry; and $393,000 to the State Athletic Commission.  Passed:  50-0.

House Bill 2527 (Argall) would appropriate $55,000,000 from the Workmen's Compensation Administration Fund to the Department of Labor and Industry for the administration of the Workers' Compensation Act and the Pennsylvania Occupational Disease Act for Fiscal Year 2004-2005.  The bill would also appropriate $184,000 from a restricted revenue account within the Workmen's Compensation Administration Fund to the Office of Small Business Advocate for Fiscal Year 2004-2005.  Passed:  50-0.

House Bill 2649 (Feese) would designate the portion of State Route 405 beginning on the west side of the Susquehanna River in Clinton Township, Lycoming County and ending immediately prior to the bridge over the West Branch of the Susquehanna River in Montgomery Borough, Lycoming County as the Dr. Charles F. Taylor Memorial Bridge.  The bill would also designate the bridge over the West Branch of the Susquehanna River on State Route 405 in Muncy Creek Township and passing into Clinton Township, Lycoming County as the Last Raft Memorial Bridge.  Dr. Taylor was one of several people killed when a log raft created to replicate the spring log runs of Lycoming County's past crashed into a railroad bridge.  The raft and the event became known as the last raft.  Passed:  50-0.

Executive Session

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

Judicial Nominations—Two-Thirds Vote Required.  (See Attached)  Confirmed:  50-0.

Wednesday, June 30, 2004

House Bill 1965 (Payne) would repeal an outdated act which authorized the Pennsylvania Post-War Planning Board to enter into agreements with political subdivisions for the financing of plans and specifications for public works.  Passed:  50-0.

House Bill 2081 (Petri) would amend Title 51 (Military Affairs) to provide for early termination of housing rental agreements by military personnel.  The bill would permit a member of the armed forces or a member of the Pennsylvania National Guard serving on full-time duty or as a civil service technician with a national guard unit to terminate a housing rental agreement if the individual:  has received permanent change of station orders; has received temporary duty orders in excess of three months; is honorably discharged or released from active duty; or, has received orders for mandatory housing assignment to government-supplied quarters resulting in forfeiture of the basic allowance for housing. 

Tenants who qualify would have to notify the landlord in writing of the termination not less than 30 days after receipt of the notice.  The tenant would have to supply the landlord with a copy of the official notification of the orders or a signed letter confirming the orders from the tenant's commanding officer.  The final rent would be prorated to the date of termination and would be payable at such time as would have otherwise been required by the terms of the housing rental agreement.  Rents or lease amounts unpaid for the period preceding the effective date of the lease termination would be paid on a prorated basis.  Rents or lease amounts paid in advance would be refunded within 30 days of the termination of the lease.  Nothing in the section would affect the tenant's obligations under section 503-A of the Landlord and Tenant Act of 1951.  The bill would make it a summary offense for a landlord to fail to comply with these provisions.  Passed:  50-0.

House Bill 2268 (Horsey) would repeal Act 28 of 1873 and Act 83 of 1874, which govern the use of the centennial exposition building, known as Memorial Hall, located in Fairmont Park, Philadelphia.  These laws must be repealed to allow the Please Touch Museum to move into the building.  Passed:  50-0.

House Bill 2512 (Hershey) would amend the Milk Producers' Security Act to require all milk dealers, unless they are presently participating in the Milk Producers' Security Fund on the effective date of this act, to post a bond with the Milk Marketing Board equal to 75 percent of the highest aggregate amount owed by the dealer to producers for a 40-day period during the preceding 12 months.  New milk dealers would be prohibited from participating in the Security Fund.  However, existing milk dealers not participating in the Security Fund could petition the Board if they desire to participate.  If the petition is accepted, the Board would set the terms for participation.  The dealer could request that financial information given to the Board be disclosed only to the Board and be otherwise kept confidential.  The legislation would also give the Board discretion to adjust the level of bonding required of a dealer during the license year if the volume or value of milk purchased by the dealer or the financial condition of the dealer changes.  Current law requires milk dealers to post a bond with the Milk Marketing Board equal to 75 percent of the highest aggregate amount owed by the dealer to the producers for a 40-day period during the preceding 12 months, or to post a bond equal to 30 percent of the highest aggregate amount owed by the dealer to producers for a 40-day period during the preceding 12 months and pay two cents per hundred weight monthly into the Milk Producers' Security Fund.  Passed:  50-0.

House Bill 2433 (Saylor) would amend the Volunteer Fire Company and Volunteer Ambulance Service Grant Act to extend the program through Fiscal Year 2004-05.  Grants to volunteer fire and rescue companies, which would range from a minimum of $2,500 to a maximum of $15,000, could be used for construction or renovation of the fire company's primary structure; purchase or repair of firefighting, ambulance or rescue equipment; debt reduction associated with the construction or renovation; or training and certification of members.  Grants to volunteer ambulance services, ranging from $2,500 to $10,000, could be used for similar purposes.  The Pennsylvania Emergency Management Agency (PEMA) would continue to administer the grant program.  Applications for the grants would be distributed by PEMA and must be completed by December 31, 2004.  All applications would be approved or disapproved by May 1, 2005.  Grant awards would be made on a pro rata basis if the aggregate amount of approved grant applications exceeds the funding available.  A total of $25 million is to be allocated for the program with PEMA determining standards for administration and distribution of the program.  The legislation stipulates that 88 percent of any monies appropriated for the program be used for fire company grants and that 12 percent be used for ambulance company grants.  Passed:  50-0.

State System of Higher Education Property Request No. 1 of 2004 (Resolution A).  Adopted:  50-0.

Thursday, July 1, 2004

House Bill 2330 (DiGirolamo) would create the Pennsylvania Race Horse Development and Gaming Act.  The proposal would:

  • Establish the Pennsylvania Gaming Control Board.  The Board would be comprised of seven voting members including three gubernatorial appointees and an individual appointed by the President Pro Tempore of the Senate, an individual appointed by the Speaker of the House, and one each by the minority leaders of the Senate and House.  The Secretary of Revenue, the Secretary of Agriculture and the State Treasurer would serve as nonvoting ex officio members.  At the time of their appointment, members would have to be at least 25 years of age and be residents of the Commonwealth for at least one year immediately preceding the appointment.  Appointees would be subject to a background investigation conducted by the Pennsylvania State Police.  No member or employee of the Board could wager or be paid any prize from any wager at any licensed facility in the Commonwealth or at any facility outside the Commonwealth owned or operated by a licensed gaming entity. 
  • Provide the Board with the responsibility of ensuring the integrity of acquisition and operation of slot machines and associated equipment at racetracks.  The Board would have jurisdiction over every aspect of the authorization and operation of slot machines at the racetracks.
  •  Establish three categories of slot machine licenses, as follows:

  • Category 1 licenses would be authorized for the state's racetracks.  Only one slot machine license could be issued for a licensed racetrack facility.  A Category 1 licensee could operate up to 3,000 slot machines, with up to an additional 2,000 if approved by the Board.  The license fee for a Category 1 license would be $50 million.

  • Category 2 licenses would be issued to licensees with non-racetrack facilities in Philadelphia (two licenses and no more), Pittsburgh (one license and no more), or a "revenue or tourism enhanced location." A Category 2 licensee could operate up to 3,000 slot machines, with up to an additional 2,000 if approved by the Board.  The license fee for a Category 2 license would be $50 million.

  • Category 3 licenses would be authorized for well-established resort hotels having no fewer than 275 guest rooms and having substantial year round guest amenities.  A Category 3 licensee could operate up to 500 slot machines.  The license fee for the Category 3 license would be $5 million.

  • Require the Board to ensure that each licensed corporation and slot machine licensee prohibits persons under 21 years of age from operating or using the slot machines.
  • Establish license requirements and application fees for suppliers, manufacturers, and any other entities that transact business with the slot machine licensee that the Board deems appropriate.  In addition, occupation permits would be required for individual gaming employees.
  • Create the State Gaming Fund to receive the proceeds of the slot machine tax (34 percent of the gross terminal revenue) and a local share assessment of four percent of daily gross terminal revenue.
  • Provide for the distribution of the local share assessment to the host counties and municipalities.
  • Establish the Pennsylvania Race Horse Development Fund and provide for its distribution.
  • Establish the Pennsylvania Gaming Economic Development and Tourism Fund and provide for its distribution.
  •  Establish the Property Tax Relief Fund and provide for its distribution.
  • Earmark approximately $1.5 million of the revenue gained from slot machines to fund a program to discourage and deal with compulsive gambling. Provide $25 million annually to the Volunteer Fire Grant Program and $5 million per year for grants to local law enforcement to enforce and prevent the unlawful operation of slot machines in the Commonwealth. Require the Board to report annually to the Governor and the General Assembly on the general operation of the Board and each slot machine licensee during the previous year.
  • Mandate that the Legislative Budget and Finance Committee provide an analysis annually to the General Assembly on the impact, if any, of slots at racetracks on the State Lottery.
  • Require the Board to ensure diversity in hiring practices.
  • Prohibit slot licensees from accepting credit or debit cards.
  • Prohibit a public official or an immediate family member of a public official from having a financial interest of more than one percent in a slot license.  Political campaign contributions from slot operators would also be banned.
  • Guarantee that eminent domain authority could not be used to take private land for the use of gambling operations.
  • Establish numerous penalties and fines for violations of the act.  Passed:  30-20.

Executive Session

Leonard N. Zito – Judge, Court of Common Pleas, Northampton County (Two-Thirds Vote Required.  Confirmed:  48-2.

Friday, July 2, 2004

Senate Bill 100 (Jubelirer) would create The Homeowner Tax Relief Act to reduce residential property taxes up to the maximum amount permitted by the homestead provision in the Pennsylvania Constitution.  The measure would establish a formula for the distribution of state property tax relief funds generated from the taxation of slot machine gross terminal revenues and allow for electoral participation in tax burden decisions.  The proposal would mandate state reimbursement for nonresident Philadelphia Wage Tax deductions and prescribe how Philadelphia must reduce its wage tax.  School districts would reduce residential property taxes through:  1) the enactment of a 0.1 percent increase in the earned income and net profits tax (EIT); 2) state funds; and, 3) enactment of an additional EIT for purposes of residential property tax relief, or the enactment of a Personal Income Tax for the purposes of residential property tax relief and to replace the currently imposed earned income tax.

If a school district exercises its option to receive state funds through the enactment of a 0.1 percent EIT, then a referendum would be required before a school district could levy a new school district tax or increase the rate of the existing school district property tax beyond the average of the yearly percent increase in the state-wide average weekly wage and the employment cost index for the prior year.  Additionally, the index would be adjusted for certain school districts based on the school district's aid ratio.  The act provides for nine exceptions from the back-end referendum for:  emergencies, court orders, security and safety, debt, special education costs, to maintain the same level of actual instructional expense, to implement a corrective action plan under No Child Left Behind, to maintain the same level of overall revenues from the previous year, to pay for health care costs attributable to a collective bargaining agreement; and, to make payments on behalf of active members if the payment rate exceeds 7.5 percent.

Furthermore, the act provides for funds to the City of Philadelphia for purposes of resident and non-resident wage tax reductions.  A small program is also created to provide property tax relief to senior citizens in Philadelphia who qualify for the Property Tax and Rent Rebate.  A direct reimbursement from the state gaming revenue is also provided to school districts that have non-resident Philadelphia wage payers.  School districts receiving funds under this provision would be required to use them for homestead and farmstead exclusions.  Concurrence in House Amendments, as Amended:  50-0.

Senate Bill 1097 (Lemmond) would designate a portion of State Route 6 in Wyoming County and a portion of State Route 92 in Susquehanna County as scenic byways.  This designation would prohibit the placement of outdoor advertising devices within 660 feet of the nearest edge of the right-of-way or more than 660 feet, outside of urban areas, if the sign is visible from and is meant to be read from the main-traveled way.  Certain signs, such as highway and directional signs, would be exempt from the prohibition.  In addition, the bill would require the Department of Transportation to make adjustments to transportation assistance funding if a new transit entity is established.  Passed:  50-0.

Senate Bill 1147 (Greenleaf) would create the American, Commonwealth and Military Flag Act to permit the display of a flag by residents of a homeowners' association.  Under these provisions, an association could not prohibit the outdoor display of one American, Commonwealth, or military flag by a unit owner on that unit owner's property.  The flag could not be larger than five feet by three feet.  The association could adopt rules and regulations regarding the location, size and use of a flagpole, but could not prohibit the use of wall brackets to display the flag.  Passed:  50-0.

Senate Bill 1186 (Mowery) would designate the section of State Route 1014 in Cumberland County from the western end of the M. Harvey Taylor Bridge in Wormleysburg to the intersection of 21st Street and State Route 1014 in East Pennsboro Township, Cumberland County as the Senator John D. Hopper Memorial Bypass.  Passed:  50-0.

House Bill 1039 (Dailey) would amend the Public Welfare Code to provide for state assessments on Medicaid managed care organizations and intermediate care facilities for the mentally retarded.  Federal law allows states to raise revenue through the use of certain permitted healthcare-related fees without a reduction in federal financial participation, thereby making additional funds available.  The Governor's 2004-05 Fiscal Year budget assumes that the additional revenues generated by the managed care organization assessments will be an estimated $163.9 million, and the assessment on ICF/MR facilities will provide an estimated $16.6 million. The managed care organization assessment will be used to offset the state fund requirement in the MA Capitation appropriation to maintain actuarially sound rates for managed care organizations; while the ICF/MR revenues will be used to fund medically necessary services for persons with mental retardation.  The amount of the assessments would be determined and implemented on an annual basis with the rate for FY2004-05 estimated to be six percent of net revenues.  The assessments will not be imposed in the absence of federal financial participation and are set to expire June 30, 2008 for managed care facilities and June 30, 2009 for ICF/MR facilities.  The Department of Public Welfare is empowered to enforce the assessments through the imposition of interest and/or penalties and deductions from money that may be owed to the facility by the state.  In addition, the bill requires the Department to provide a report to the General Assembly regarding pharmaceutical programs available in the Commonwealth which benefit those that have significant drug costs, including those on medical assistance.  Passed:  50-0.

House Bill 2351 (Phillips) would add a section to the Borough Code to provide for retirement benefits for employees transferred to wastewater authorities.  Specifically, the measure would allow an employee of a wastewater authority created by a borough and one or more townships that commenced operations after December 1, 2001 to elect retirement benefits if the employee had past service credit under the borough's retirement plan.  The employee would have one year after the effective date of the act to file a written election.  Wastewater authority employees who elect to retain membership in the borough retirement system would be treated by the borough as borough employees for the purposes of determining the annual allocation of general municipal pension system state aid.  Passed:  50-0.

House Bill 2467 (Forcier) would amend the Municipal Pension Plan Funding Standard and Recovery Act to permit a municipality to change the amortization period from 15 years to 30 years for the outstanding balance of the increment of unfunded actuarial accrued liability attributable to the net investment losses incurred in calendar years 2001 and 2002.  A municipality that elects to extend the amortization period would have to file a revised actuarial valuation report with Public Employee Retirement Commission by September 30, 2004.  The distribution of general municipal pension system state aid would not be affected by the revised actuarial methodology and revised actuarial valuation report.  The bill would also add a new subsection to the law to permit a municipality to amortize the increment of unfunded actuarial accrued liability attributable to survivor benefits payable under the Municipal Police Pension Law of 1955 over 40 years, beginning with the end of the plan year in which survivor benefits were first paid.  Passed:  50-0.

House Bill 2521 (Argall) would appropriate $44,916,000 to the Public Utility Commission (PUC) for the operation of the commission for the 2004-2005 Fiscal Year.  The bill would also appropriate $425,000 in federal funds to the PUC to enforce the regulations of the Natural Gas Pipeline Safety Act and $1,575,000 in federal funds for motor carrier safety.  In addition, the measure stipulates that any assessment on public utilities resulting from costs incurred to establish an integrated case and document management portal must be equally distributed over ten years, commencing with the 2004-2005 Fiscal Year.  Passed:  50-0.

Surplus Property Disposition Plan No. 1 of 2004 (Resolution A).  Adopted:  50-0.

Executive Session

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

Saturday, July 3, 2004

Senate Bill 769 (Corman) would create the Elderly Immunization Act.  Under the provisions of the bill, when a person age 65 or older is admitted to a hospital for more than 24 hours during the months of October and November, and for a condition unrelated to the flu or pneumonia, the person would be given the opportunity to obtain the vaccination for the influenza virus and pneumococcal disease prior to discharge.  Other facilities that provide ongoing medical care to the elderly, such as doctors' offices, public health clinics, hemodialysis centers, hospital specialty-care clinics, and outpatient rehabilitation centers, would also be required to offer the vaccine, if possible.  If not possible, these facilities would be required to provide information on other options to obtain the vaccine.  The Department of Health could promulgate regulations relating to the act.  The Department would be required to make available educational and informational materials to all hospitals and other facilities.  Concurrence in House Amendments:  50-0.

Senate Bill 1149 (Rafferty) would amend the Tobacco Settlement Agreement Act to close a loophole whereby some non-participating manufacturers (NPM's) have been able to eliminate almost entirely their escrow payment required under the Act.  The allocable share provisions of the act enable NPM's that concentrate their sales in a single state or a few states to obtain releases of the great majority of their escrow deposits.  Those manufacturers thereby gain an unfair pricing advantage over cigarette manufacturers who are bound by the Master Settlement Agreement.  This situation has led to a reduction in MSA payments received by the Commonwealth.  Thirty two states have adopted this amendment.  Passed:  50-0.

Senate Bill 1190 (Pippy) would amend the Tax Reform Code of 1971 to extend the Employment Incentive Tax Credit until December 31, 2009.  Passed:  50-0.

Senate Bill 1192 (Pippy) would amend the Fiscal Code to extend the Treasury Department's prudent person investment authority from December 31, 2004 to December 31, 2008.  The Treasury Department would also be specifically authorized to hold, purchase, sell, assign, transfer or dispose of equity securities and mutual funds consisting in whole or in part of equity securities.  Passed:  50-0.

Senate Resolution 205 (Armstrong) urges the Governor, the Pennsylvania Historical and Museum Commission, and all other agencies and authorities in the Commonwealth to exercise their powers to preserve the historic site known as Camp Security, located in Springettsbury Township, York County.  Adopted by Voice Vote.

Senate Resolution 293 (Boscola) commends the Chiropractic Fellowship of Pennsylvania for its educational efforts, and recognizes the week of September 12 through 18, 2004 as "Vertebral Subluxation Awareness Week" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 294 (Stack) designates September 27, 2004 as "Family Day" in Pennsylvania.  Adopted by Voice Vote. 

Senate Resolution 295 (Stack) designates September 16, 2004 as "Stepfamily Day" in Pennsylvania.  Adopted by Voice Vote. 

House Bill 1117 (Maher) would amend the Crimes Code to create the offense of railroad protection, railroad vandalism and interference with transportation facilities.  This crime would be committed if, without lawful authority or the railroad carrier's consent, a person causes damage to property that he knows or reasonably should have known to be railroad property, including the railroad right-of-way or yard, or causes a delay in railroad operations, by an act including, but not limited to: (1) disrupting, delaying or preventing the operation of any train, jitney, trolley or any other facility of transportation; (2) driving or operating a recreational vehicle or nonrecreational vehicle; or (3) damaging railroad property, infrastructure or equipment, or using railroad property to access adjoining property to commit acts of vandalism, theft or any other criminal act.  This act would also create a crime to prohibit "stowaways" where without lawful authority or the railroad carrier's consent, the person rides on the outside of a train or inside a passenger car, locomotive or freight car, including a box car, flatbed or container.  Either offense would be a misdemeanor of the third degree punishable by a fine of up to $2,500 and/or up to one year in jail.  Also, a railroad carrier would gain civil immunities and owe no duty of care to keep its railroad property safe for entry or use by any person, and would not be held liable for any injury to a person going on railroad property without the railroad carrier's consent.  Passed:  42-8.

House Bill 1912 (Vance) would amend several sections of Title 75 (Transportation) to permit certain medical professionals to certify a person's disability in order to receive a handicapped parking license or placard from PennDOT.  Under the legislation, certified registered nurses, nurse practitioners, physician assistants, podiatrists and chiropractors would be permitted to sign and approve applications.  The bill would also require the health care providers to make reports to PennDOT when they become aware of a medical condition that may affect the person's ability to drive safely.  Only podiatrists would not be allowed to diagnose a licensed driver who is required to be re-evaluated for competency by PennDOT.  Passed:  50-0.

House Bill 2230 (Geist) would amend the Emergency Medical Services Act to reflect the new statutory section in Title 75 as it relates to the fee assessed on individuals accepted into accelerative rehabilitative disposition (ARD) for driving under the influence (DUI) offenses.  The $25 fee is placed in the Emergency Medical Services Operating Fund and is used to fund emergency services.  Passed:  50-0.

House Bill 2405 (McCall) would name a number of bridges and truck inspection stations, as follows:

  • The bridge carrying SR 248 over Aquashicola Creek in Palmerton Borough, Carbon County as the Colonel John Craig Memorial Bridge;
  • The bridge over Chester Creek on SR 926 in Westtown Township, Chester County as the L. Charles Scipione Bridge;
  • The bridge on which Main Street (Route 873) crosses Trout Creek in the Borough of Slatington, Lehigh County as the General Thomas R. Moran USMC Bridge; and,
  • The truck inspection stations located at 4242 Aramingo Avenue, Philadelphia and 9200 Bartram Avenue, Philadelphia as the Sgt. Jeffrey T. Ziernicki Truck Inspection Stations.

The bill would also redesignate the bridge over the Monongahela River, known as the Clairton-Glassport Bridge, connecting the City of Clairton and the Borough of Glassport, as the Senator Edward P. Zemprelli Bridge and repeal Section 2 of Act 45 of 1991.  Passed:  50-0.

House Bill 2529 (Argall) would make a number of appropriations to the Trustees of the Pennsylvania State University for the 2004-2005 Fiscal Year.  These appropriations would include:  $239,434,000 for educational and general expenses; $4,793,000 for medical education; $4,793,000 for children's hospital; $1,864,000 for the Central Pennsylvania Psychiatric Institute; $22,922,000 for the cost of agricultural research; $27,580,000 for the cost of agricultural extension services; $332,000 to enhance the recruitment and retention of disadvantaged students; $11,673,000 for the Pennsylvania College of Technology; and, $1,379,000 for debt service related to the former Williamsport Community College.  Passed:  50-0.

House Bill 2531 (Argall) would make a number of appropriations to the Trustees of the University of Pittsburgh for the 2004-2005 Fiscal Year.  These appropriations would include:  $149,301,000 for educational and general expenses; $413,000 for student life initiatives; $6,558,000 for instruction in the Doctor of Medicine program; $1,029,000 for the operation of dental clinics in the school of dentistry; $321,000 to enhance the recruitment and retention of disadvantaged students; $7,682,000 for general maintenance and operation of the Western Psychiatric Institute and Clinic; $496,000 for the teen suicide center at the Western Psychiatric Institute and Clinic; $249,000 for the Graduate School of Public Health; and, $1,013,000 for rural education outreach.  Passed:  50-0.

House Bill 2532 (Argall) would make a number of appropriations to the Trustees of Temple University for the 2004-2005 Fiscal Year.  These appropriations would include:  $156,717,000 for educational and general expenses; $8,729,000 for instruction in the Doctor of Medicine program; $1,029,000 for the operation of dental clinics in the school of dentistry; $321,000 to enhance the recruitment and retention of disadvantaged students; $125,000 for maxillofacial prosthodontics; $1,280,000 for podiatric medicine; and, $451,000 for the Richard J.Fox Bio-Medical Center.  Passed:  50-0.

House Bill 2533 (Argall) would appropriate $12,428,000 to the Trustees of Lincoln University for the 2004-2005 Fiscal Year.  The monies would be used for educational and general expenses.  Passed:  50-0.

House Bill 2534 (Argall) would appropriate $6,583,000 to the Trustees of Drexel University in Philadelphia for instruction and student aid during the 2004-2005 Fiscal Year.  Passed:  50-0.

House Bill 2535 (Argall) would make a number of appropriations to the Trustees of the University of Pennsylvania for the 2004-2005 Fiscal Year.  These appropriations would include:  $1,029,000 for dental clinics; $3,832,000 for instruction in the Doctor of Medicine program; $39,983,000 for veterinary activities; and $1,520,000 for cardiovascular studies.  The sum of $225,000 would also be appropriated for the general maintenance and purchase of equipment for the University of Pennsylvania Museum.  As a condition of accepting funds for instruction in the Doctor of Medicine program, the University of Pennsylvania would agree to attend and participate in an initial and two follow-up meetings at mutually convenient times and places during the 2004-2005 Fiscal Year to review existing efforts and to discuss ways that medical schools and the Commonwealth can work together to increase the number and percentage of medical students who will practice in medically underserved areas or health professional shortage areas within the Commonwealth.  Passed:  50-0.

House Bill 2536 (Argall) would appropriate $7,329,000 to the Philadelphia Health and Education Corporation for the College of Medicine for the 2004-2005 Fiscal Year for instruction in the Doctor of Medicine program.  The bill would also appropriate $1,623,000 for the Colleges of Medicine, Public Health, Nursing and Health Professions; $290,000 for minority educational and recruitment programs; $712,000 for continued pediatric outpatient and inpatient treatment of severe physically disabling diseases; $149,000 for continued support of the handicapped children's clinic; and $1,900,000 for operating expenses.  Passed:  50-0.

House Bill 2537 (Argall) would appropriate $5,282,000 to the Thomas Jefferson University in Philadelphia for instruction in the Doctor of Medicine program during the 2004-2005 Fiscal Year.  The bill would also appropriate $4,006,000 for the general maintenance of the university and $49,000 for a comprehensive program relating to persons with Tay-Sachs disease.  Passed:  50-0.

House Bill 2538 (Argall) would appropriate $4,731,000 to the Philadelphia College of Osteopathic Medicine for instruction in the Doctor of Osteopathy program during the 2004-2005 Fiscal Year.  Passed:  50-0.

House Bill 2539 (Argall) would appropriate $1,415,000 to the Pennsylvania College of Optometry in Philadelphia for instruction during the 2004-2005 Fiscal Year.  Passed:  50-0.

House Bill 2540 (Argall) would appropriate $1,142,000 to the University of the Arts in Philadelphia for instruction and student aid during the 2004-2004 Fiscal Year.  Passed:  50-0.

House Bill 2541 (Argall) would appropriate $1,415,000 to the Trustees of the Berean Training and Industrial School in Philadelphia for the operation and maintenance of the school during the 2004-2005 Fiscal Year.  The bill would also appropriate $85,000 to the school for payment of debt services to the Commonwealth.  Passed:  50-0.

House Bill 2542 (Argall) would appropriate $182,000 to the Johnson Technical Institute of Scranton for the operation and maintenance of the school during the 2004-2005 Fiscal Year.  Passed:  50-0.

House Bill 2543 (Argall) would appropriate $66,000 to the Williamson Free School of Mechanical Trades in Delaware County for the operation and maintenance of the school during the 2004-2005 Fiscal Year.  Passed:  50-0.

House Bill 2544 (Argall) would appropriate $776,000 to the Fox Chase Institute for Cancer Research in Philadelphia for the operation and maintenance of the cancer research program during the 2004-2005 Fiscal Year.  Passed:  50-0.

House Bill 2545 (Argall) would appropriate $214,000 to the Wistar Institute in Philadelphia for the operation and maintenance of the institute during the 2004-2005 Fiscal Year.  The bill would also appropriate $92,000 to the institute for research on acquired immune deficiency syndrome.  Passed:  50-0.

House Bill 2546 (Argall) would appropriate $130,000 to the Central Penn Oncology Group for the 2004-2005 Fiscal Year.  Passed:  50-0.

House Bill 2547 (Argall) would appropriate $49,000 to the Lancaster Cleft Palate for outpatient-inpatient treatment during the 2004-2005 Fiscal Year.  Passed:  50-0.

House Bill 2548 (Argall) would appropriate $49,000 to the Pittsburgh Cleft Palate for outpatient-inpatient treatment during the 2004-2005 Fiscal Year.  Passed:  50-0.

House Bill 2549 (Argall) would appropriate $418,000 to the Burn Foundation in Philadelphia for outpatient and inpatient treatment during the 2004-2005 Fiscal Year.  Passed:  50-0.

House Bill 2550 (Argall) would appropriate $781,000 to The Children's Institute in Pittsburgh for the 2004-2005 Fiscal Year for the treatment and rehabilitation of children and young adults with disabling diseases.  Passed:  50-0.

House Bill 2551 (Argall) would appropriate $451,000 to The Children's Hospital of Philadelphia for comprehensive patient care for children from birth through age 19 and for general maintenance and operation of the hospital during the 2004-2005 Fiscal Year.  Passed:  50-0.

House Bill 2552 (Argall) would appropriate $117,000 to the Beacon Lodge Camp for services to the blind during the 2004-2005.  Passed:  50-0.

House Bill 2553 (Argall) would appropriate $225,000 to the Carnegie Museums of Pittsburgh for the Carnegie Museum of Natural History for maintenance and the purchase of apparatus, supplies and equipment during the 2004-2005 Fiscal Year.  The bill would also appropriate $225,000 for the Carnegie Science Center for the general operation of the planetarium and center.  Passed:  46-4.

House Bill 2554 (Argall) would appropriate $500,000 to the Franklin Institute Science Museum in Philadelphia for maintenance of the institute during the 2004-2005 Fiscal Year.  None of the appropriation could be used in support of the institute's research laboratories.  Passed:  46-4.

House Bill 2555 (Argall) would appropriate $416,000 to the Academy of Natural Sciences in Philadelphia for the maintenance of the academy during the 2004-2005 Fiscal Year.  Passed:  46-4.

House Bill 2556 (Argall) would appropriate $317,000 to the African-American Museum in Philadelphia for operating expenses, including maintenance and the purchase of apparatus, supplies, and equipment, during the 2004-2005 Fiscal Year.  Passed:  46-4.

House Bill 2557 (Argall) would appropriate $42,000 to the Everhart Museum in Scranton for operating expenses, including maintenance and the purchase of apparatus, supplies, and equipment, during the 2004-2005 Fiscal Year.  Passed:  46-4.

House Bill 2558 (Argall) would appropriate $172,000 to the Mercer Museum in Doylestown for operating expenses, including maintenance and the purchase of apparatus, supplies, and equipment, during the 2004-2005 Fiscal Year.  Passed:  46-4.

House Bill 2559 (Argall) would appropriate $124,000 to the Whitaker Center for Science and the Arts in Harrisburg for operating expenses, including maintenance and the purchase of apparatus, supplies, and equipment, during the 2004-2005 Fiscal Year.  Passed:  46-4.

House Bill 2590 (Argall) would appropriate $1,803,000 to the Lake Eire College of Osteopathic Medicine, Erie for instruction in the Doctor of Osteopathic program for the 2004-2005 Fiscal Year.  Passed:  50-0.

House Bill 2654 (J. Taylor) would reenact certain provisions of Act 230 of 2002 that were declared invalid for procedural reasons by the Supreme Court, and further amend some of those provisions to provide for parking authorities of cities of the first class.  Act 230 had previously addressed parking authorities, generally, as well as the regulation of taxis and limousines.  More specifically, the bill, among other provisions, would establish the power of certain parking authorities to fix rates and charge for the use of their facilities, act as an impounding agent, authorize towing and storage, adopt budgets without review of the city administration, fix salaries for certain employees, assume fund management and certain investment powers, participate in mixed-use projects, and, in cities of the first class, regulate taxicab and limousine services (previously regulated by the Public Utility Commission).  In addition, the bill would apply the Right to Know Law, the State Adverse Interest Act and certain other statutes establishing minimum criteria for open and ethical conduct to the meetings of parking authorities and the conduct of their officers and agents.  The monies in the First Class City Taxicab Regulatory Fund would be transferred from the PUC to the Philadelphia Parking Authority, and deposited into a dedicated fund solely for the purpose of regulatory enforcement.  The Authority would be further granted power to confiscate and impound taxis or limousines that violate Authority regulations.  Passed:  30-20.

Executive Session

Donna A. Tonrey – State Board of Social Workers, Marriage and Family Therapists.  Confirmed:  50-0.

Sunday, July 4, 2004

Senate Bill 508 (Dent) would amend the Municipal Claim and Tax Lien Law to shorten the period for redemption of a property after acknowledgement of a sheriff's deed from one year to nine months.  The bill also repeals existing exceptions for second class counties.  An additional change would eliminate the redemption timeframe for vacant property in all types of municipalities.  Further, the measure would provide a definition of "charges, expenses, and fees" and reduce from six months to three months the time in which parties can contest sheriff's sales in the cities of the first class.  Concurrence in House Amendments:  47-3.

Senate Bill 979 (Greenleaf) would reenact and amend certain provisions of Title 42 (42 Pa.C.S. §§ 5981-5988), pertaining to Child Victims and Witnesses.  This subchapter was originally enacted pursuant to Joint Resolution 1995-1, the constitutional amendment the voters approved after the Special Session on Crime.  The Pennsylvania Supreme Court held in Bergdoll v. Kane, 731 A.2d 1261 (1999), that the constitutional amendment approved by the voters was void, and some, and perhaps all, of Subchapter D was also void.  The bill is based on federal constitutional law with respect to videotaped depositions/closed-circuit testimony by child victims, as provided in Maryland v. Craig, 497 U.S. 836 (1990), the case in which the United States Supreme Court upheld Maryland's child witness statute. 

Senate Bill 979 would allow the court to order alternative methods in the taking or providing of testimony by child witnesses, if the court finds that a child's testifying in the presence of the perpetrator or in open court will cause the child to suffer serious emotional distress such that the child could not reasonably communicate.  If the court orders testimony via a contemporaneous alternative method, examination and cross-examination of the child proceeds in the same manner as normally permitted.  The court would permit the defendant to observe and hear the testimony of the child but would have to ensure that the child could not hear or see the defendant.  The court must make certain that the defendant and defense counsel have an adequate opportunity to communicate for the purpose of providing an effective defense.  The bill defines "contemporaneous alternative method" as any method of capturing the visual images, oral communications and other information presented during a prosecution or adjudication involving a child victim or a child material witness, and transmitting and receiving such images, communications and other information at or about the time of their creation, including, but not limited to, closed-circuit television, streaming image sent via the Internet or an intranet and any other devices or systems used to accomplish such ends.  The bill also reenacts and amends provisions of the chapter relating to admissibility of out-of-court statements by a child describing certain criminal offenses outlined in the bill.  The statements would be admissible if the court finds that the evidence is relevant and that the time, content, and circumstances of the statement provide sufficient indication of reliability and the child either testifies at the proceeding or is unavailable as a witness.  Again, before a court can determine that the child is unavailable as a witness, it must make a determination that causing the child to testify in a proceeding will result in the child suffering serious emotional distress such that the child could not reasonably communicate.  

The bill also would amend section 7102(d) of Title 42 by adding a subsection to apply the assumption of risk doctrine to limit the liability of off-road vehicle riding area operators.  Concurrence in House Amendments:  50-0.

Senate Bill 1039 (Mowery) would amend the definition of "agency" in the Sunshine Act to include the governing board of any nonprofit corporation, which by a mutually binding legal written agreement with a community college or state-aided, state-owned, or state-related institution of higher education, is granted supervisory and advisory powers regarding degree programs of the institution.  Concurrence in House Amendments:  50-0.

Senate Bill 1139 (Scarnati) would amend the Pennsylvania Construction Code Act to provide for a number of additional exclusions.  These exclusions would include alterations and repairs to residential buildings which do not make structural changes.  Certain recreational cabins which meet the requirements listed in the bill would also be exempt.  Among other modifications, the measure would further clarify that utility and miscellaneous use structures, such as garages and carports, that are less than 1,000 square feet are excluded from the provisions of the construction code.  In addition, the bill would exclude existing buildings from having interconnected smoke alarms installed when an alteration, repair, or addition is made to the structure.  The bill would also instruct the Department of Labor and Industry to consider past work experience as an inspector when deciding a request for a waiver of the initial training and certification requirements.  The Center for Local Government Services in the Department of Community and Economic Development would be the principle agency for providing technical assistance for municipalities in implementing, administering, and enforcing the provisions of the act.  Concurrence in House Amendments:  38-12.

House Bill 147 (T. Stevenson) would amend the Tax Reform Code of 1971 by providing for a Film Production Tax Credit.  A taxpayer who incurs a qualified film production expense could apply for the tax credit by submitting an application to the Pennsylvania Department of Revenue by February 15 for qualified film production expenses incurred in the taxable year that ended in the prior calendar year.  A taxpayer that qualifies would receive a film production tax credit for the taxable year in the amount of 20 percent of qualified film production expenses.  The tax credit could be carried over to succeeding taxable years, although a taxpayer could not carry back or obtain a refund of an unused film production tax credit.  A taxpayer, upon approval of the Department of Community and Economic Development, could sell or assign all or part of an unused film production tax credit.  In such a case, the tax credit must be claimed in the tax year in which the purchase or assignment occurred. 

The total amount of tax credits could not exceed $10 million in any fiscal year.  If the total amount applied for exceeds this amount, the amount of the tax credit would be prorated.  The Secretary of Revenue must provide an annual report to the General Assembly on the effectiveness of the tax credit program no later than April 1 following the year tax credits are approved.  Tax credits are not available for expenses incurred in taxable years ending after December 31, 2012.  Concurrence in House Amendments to Senate Amendments:  49-1.

House Bill 564 (Bunt) would amend the Public School Code to:

  • Provide for the distribution of the basic and special education subsidies, reimbursement to school districts for payments made to charter schools, and the accountability block grants;
  • Establish a new funding formula for the 30 approved private schools and the four chartered schools for the deaf and blind.  The formula would replace the current system which bases payments on estimated expenditures and includes a lengthy audit reconciliation process;
  • Allow school districts to enter into agreements with institutions of higher education to permit high school students to attend institutions of higher education and earn credits at both the high school and college level;
  • Establish a six-member bicameral legislative committee to review annually the performance of the Pennsylvania Interscholastic Athletic Association;
  • Allow community college boards of trustees to appoint one additional trustee from each county in which the community college operates a campus or satellite classroom that does not have local sponsorship;
  • Require certain prospective school employees to submit fingerprints or a copy of a federal criminal history record as part of the criminal history check process in order to comply with federal law;
  • Establish an optional character education program in the Department of Education;
  • Require school districts to report certain information on school police officers and school police officer training;
  • Authorize a legislative member of the State System of Higher Education to designate a staff member to attend committee sessions on behalf of the member;
  • Allow a school district of the first class A to enroll non-resident students in schools for the performing arts; and,
  • Permit school districts to contract for the assignment of claims on delinquent school taxes.  Conference Committee Report Adopted:  50-0.

House Bill 1130 (McCall) would amend the Vehicle Code to make a number of changes.  The bill would:

  • Permit an out-of-state driver to accompany a driver with a learner's permit;
  • Decrease the period of time a person must possess a commercial driver's license learner's permit before taking the driving exam from 30 days to 15 days;
  • Require the driver of an emergency vehicle to come to a complete stop when a school bus flashes its red signal lights and activates its side stop signal arms.  After stopping, the driver of the emergency vehicle could pass the bus only after exercising due diligence and caution for the safety of the students;
  • Expand the use of the Child Passenger Restraint Fund to permit the purchase of booster seats for children under eight years of age;
  • Extend the civil immunity to lenders of booster seats that is currently provided for lenders of child passenger restraint systems; and,
  • Extend civil immunity to child passenger safety technicians.  A definition of child passenger safety technician is provided in the bill.  Concurrence in House Amendments to Senate Amendments:  50-0.

House Bill 1321 (Sturla) would create the First Class City Development District Act to establish Economic Development Districts (EDD) in cities of the fi