Senate Bill 1081 (Robbins) would amend Title 51 (Military Affairs) to allow a National Guard member who is discharged for a medical disability after September 11, 2001 to remain eligible for a grant under the Educational Assistance Program if the criteria outlined in the bill are met.  These requirements would include that:  the medical disability was incurred in the line of duty and was not the result of misconduct; the condition did not exist prior to the member entering service in the National Guard; the disability was incurred while performing authorized military duty other than basic training, advanced individual training or other equivalent individual training; the former member received an honorable discharge for medical reasons; and, the former member had accepted an obligation to serve in the Guard for a minimum period and was qualified to fulfill that service except for the medical disability.  The former member would be required to commence a full-time or part-time course of study within two years of the medical discharge or within two years of the effective date of the section.  The course of study would have to be completed within six years of the medical discharge or within six years of the effective date of the changes for members discharged after September 11, 2001 and before the effective date of the section.  The Adjutant General could extend the deadlines for good cause when the former member’s disability is shown to require additional time.  The changes would apply to grants for a course of study commenced on or after May 1, 2006.  Passed:  48-0.

 

Senate Resolution 216 (Piccola) designates the week of February 12 through 18, 2006 as “Career and Technical Education Week’ in Pennsylvania.  Adopted by Voice Vote.

 

Senate Resolution 225 (Stack) declares March 2006 as “Irish American Heritage Month” in Pennsylvania.  Adopted by Voice Vote.

 

Senate Resolution 226 (Conti) designates February 14, 2006 as “Congenital Heart Defect Awareness Day” in Pennsylvania.  Adopted by Voice Vote.

 

Senate Resolution 227 (Costa) designates March 18, 2006 as “Neighborhood Legal Services Association Day” in Pennsylvania.  Adopted by Voice Vote.

 

Executive Session

 

Nominations to Various Boards and Commissions.  (See Attached)  Confirmed:  48-0.

 

 

Tuesday, February 14, 2006

 

Senate Resolution 228 (Hughes) congratulates Cheyney University of Pennsylvania on its unique historical value to the Commonwealth as the oldest historically black college and university in the Pennsylvania State System of Higher Education and designates the month of February 2006 as “Cheyney University/Leslie Pinckney Hill Month” in Pennsylvania.  Adopted:  47-0.

House Bill 1467 (T. Stevenson) 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. 

 

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.  A claimant could, without giving written notice to the contractor, employ a contractor or other persons as are necessary to make immediate repairs required to protect the health, safety, and welfare of the occupants.  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:  45-2.  (Note:  The House of Representatives amended House Bill 1467 further on Tuesday.  The Senate concurred in these amendments on Wednesday.)

 

House Bill 1955 (Pyle) would designate the bridge carrying State Route 66 over Garrett’s Run and over the J. Frank Graff Bridge in Manor Township, Armstrong County as the 1/112^th Infantry Alpha Company Bridge.  Passed:  47-0.

 

 

Wednesday, February 15, 2006

 

Regular Session

 

Senate Bill 733 (Gordner) would amend the Pennsylvania Occupational Disease Act to increase the monthly compensation payment by $25 per month for individuals suffering from silicosis, anthraco-silicosis, coal worker’s pneumoconiosis or asbestosis.  The additional compensation would be paid by the Commonwealth.  Passed:  47-0.

 

Senate Bill 1025 (Madigan) would create the Pennsylvania Clean Vehicles Program Act.  The proposal would establish the CA-LEV II standard as the primary vehicle standard for the Pennsylvania Clean Vehicles Program.  However, the measure would authorize continued use of the federal Tier II vehicle emission standard as a compliance alternative. 

 

No later than June 30, 2008, the Department of Environmental Protection would have to convene ozone stakeholder groups in areas not anticipated to reach attainment by June 30, 2010.  Stakeholder groups would consist of representation from motorist, public health, environmental, public utility, automotive manufacturers, business and industry organizations and local, state and federal officials.  Stakeholder group deliberations would be conducted by a neutral outside facilitator.  Further, DEP would be required to report to the General Assembly, no later than June 30, 2010, on the ozone standard attainment status under the Clean Air Act of Pennsylvania counties and regions.  The report would have to include recommendations for attaining and maintaining compliance with the Clean Air Act air quality ozone standards.  DEP is also directed to submit any waivers deemed necessary to the Environmental Protection Agency to effectuate any provision of bill.

 

Prior to December 31, 2006, and each year thereafter, the Pennsylvania Department of Transportation would be required to report to the Senate and House Transportation and Environmental Resources and Energy Committees on the number of vehicles registered in Pennsylvania, by county, which are certified by the California Air Resource Board as CA-LEV II compliant and the approximate number of vehicles of each model year subsequent to 1970 currently registered in each county.  The measure would also require affirmative action by the General Assembly prior to December 31, 2014 to continue the Clean Vehicles Program.  Passed:  27-20.

 

Senate Resolution 166 (Orie) recognizes youth mental illness and suicide as a public health crisis and encourages evidence-based initiatives to screen children and adolescents for mental disorders in order to identify illness and prevent suicide among youths.  Adopted by Voice Vote.

 

Senate Resolution 221 (Wonderling) designates March 6, 2006 as “Lymphedema D-Day” in Pennsylvania.  Adopted:  47-0.

 

Senate Resolution 222 (Mellow) designates the month of March 2006 as “Deep Vein Thrombosis Awareness Month” in Pennsylvania in memory of journalist David Bloom.  Adopted by Voice Vote.

 

Senate Resolution 223 (Mellow) recognizes William S. Auriemma for his achievement as the 128^th president of the Lackawanna County Medical Society and designates March 25, 2006 as “Dr. William S. Auriemma Day” in Pennsylvania.  Adopted by Voice Vote.

 

Senate Resolution 224 (Lemmond) designates March 1 as “St. David’s Day” and honors the many Pennsylvanians of Welsh heritage.  Adopted by Voice Vote.

 

Senate Resolution 229 (D. White) urges the President and Congress of the United States to maintain the force structure, troop strength and combat capabilities of the National Guard.  Adopted by Voice Vote.

 

Senate Resolution 230 (Rhoades) recognizes the week of February 19 through 25, 2006 as “Engineers’ Week” in 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, no malt or brewed beverages could be served while the polling place is open and 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 certain private residences, 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;

• Increase the minimum compensation for judges of elections, inspectors of elections, and clerks and machine operators by $30;

• 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.  Conference Committee Report Adopted:  27-20.

House Bill 1467 (T. Stevenson) 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.  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.  The House amendment to the bill clarified that the copies of the test reports, expert reports, photographs and video tapes that must accompany the written response would only include those that are not otherwise privileged from discovery under law and would be discoverable in a subsequent legal action by the claimant.  Concurrence in House Amendments to Senate Amendments:  45-2.

 

Special Session

 

Special Session Senate Resolution 5 (Mellow) applies the Rules of the Senate adopted for the 189^th and 190^th Regular Sessions of the Senate relating to the practice of lobbying to Special Session No. 1 from the date of its convening.  Adopted by Voice Vote. 

 

Executive Session

 

The Honorable Cynthia A. Baldwin – Justice, Supreme Court of Pennsylvania. 

Confirmed:  46-1.

 

Carol L. Lavery – Victim Advocate.  Confirmed:  47-0.