Monday, September 25, 2006

 

Senate Bill 1209 (Waugh) would create the Healthy Farms and Healthy Schools Act.  The measure would authorize the Department of Agriculture, in consultation with the Department of Education and the Department of Health, to establish a grant program for the purpose of developing the Healthy Farms and Healthy Schools Program in kindergarten classes in the Commonwealth.  Any school district, charter school or private school with a kindergarten program could submit an application to the department for funding.  The program would be required to contain the elements outlined in the bill including, among other activities, integration of nutrition and agriculture education into regular classroom subjects, training of teachers and other educational staff on nutrition and agriculture education, the inclusion of parents and community groups in educational activities, and field trips to Pennsylvania farms.  The Secretary of Agriculture would be required to evaluate applications annually based on the criteria outlined in the bill.  Grants would be awarded to the extent funds are made available by the General Assembly.  Grants would be limited to 75 percent of the amount necessary to develop the program, not to exceed $15,000 annually per school.  Applicants could use in-kind support to match the amount granted.  The act would take effect July 1, 2007.  Passed:  49-0.

 

House Bill 2472 (Hershey) would create the Farmers’ Market Development Act to authorize the Department of Agriculture to establish a program to award grants for the purpose of developing or expanding farmers’ markets.  Farmers, non-profit organizations, businesses or associations that manage or operate farmers’ markets, and local government units would be eligible to apply for the grants.  Grants could be used for the purposes outlined in the bill including the cost of a business plan for a new farmers’ market, promotion of an existing farmers’ market, staffing costs to manage and operate a market, the provision of nutrition education materials about Pennsylvania farm products, and outreach to program participants to increase participation in existing food assistance programs.  Grants would be awarded to the extent that funds are made available by the General Assembly.  The maximum amount of a grant per location would be $10,000.  Each applicant would be required to provide 10 percent of the grant amount in matching funds or in-kind services.  This requirement could be waived by the Secretary of Agriculture for a project in certain low-income areas if the Secretary determines the waiver will further the purposes of the act.  The Secretary of Agriculture would be required to evaluate applications annually based on the criteria outlined in the bill.  Applicants would be required to verify the total amount of the projects costs within 90 days of its completion.  The act would take effect July 1, 2007, or immediately, whichever is later.  Passed:  49-0.

 

Senate Resolution 350 (Armstrong) designates the month of September 2006 as “Life Insurance Awareness Month” in Pennsylvania.  Adopted by Voice Vote.

 

Senate Resolution 351 (Rafferty) designates the month of October 2006 as “Children’s Environmental Health Month” in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 352 (Mellow) designates the week of October 1 through 7, 2006 as “Latex Allergy Awareness Week” in Pennsylvania.  Adopted by Voice Vote.

 

Senate Resolution 353 (Orie) commemorates the lives of those persons killed by intoxicated drivers and urges observance of October 2, 2006 as “DUI Victims’ Memorial Day.”  Adopted by Voice Vote.

 

 

Tuesday, September 26, 2006

 

Senate Bill 922 (Orie) would amend the Children’s Trust Fund Act to remove the Children’s Trust Fund from the Office of Children, Youth and Families and place it under the general authority of the Department of Public Welfare.  The bill would also clarify that that the Children’s Trust Fund Board could utilize a non-profit corporation to solicit and accept funding and donations.  Passed:  50-0.

 

Senate Bill 972 (Rafferty) would amend the Medical Care Availability and Reduction of Error (Mcare) Act to extend the assessment abatement under the Health Care Provider Retention Program to calendar year 2007.  The measure would also amend the definition of “emergency physician” to include physicians that are employed by, or work under an exclusive contract with, a hospital for the performance of services in the hospital emergency department.  An additional change would make “emergency physicians” not employed full time by, or working under an exclusive contract with, a trauma center eligible for a 100 percent assessment abatement commencing in 2007.  The bill would also extend the termination date of the Health Care Provider Retention Program from December 31, 2007 to December 31, 2008.  Passed:  50-0.

 

Senate Bill 1335 (Armstrong) would amend the Insurance Company Law of 1921 to further provide for conversion policies.  The measure would clarify that the premium rate for an individual who purchases a conversion policy that is also offered by an insurer on a guaranteed issue basis in the individual health insurance market in the Commonwealth must be the same as the premium rate charged for that policy in the individual market.  The premium rate would be subject to review by the Department of Insurance as set forth in applicable statutes and regulations.  Any insurer utilizing this option would have to notify the department.  An additional change would eliminate the expiration date for Article X-A of the act dealing with health care insurance individual accessibility.  Passed:  50-0.

 

Senate Resolution 354 (Fontana) designates September 23 through 30, 2006 as “Porky Chedwick Week” in Pennsylvania.  Adopted by Voice Vote.

 

Senate Resolution 355 (Tartaglione) observes September 15 through October 15, 2006 as “Hispanic Heritage Month” in Pennsylvania.  Adopted by Voice Vote.

 

Senate Resolution 356 (Conti) recognizes October 21, 2006 as “Biomedical Research Day” in Pennsylvania.  Adopted by Voice Vote. 

House Bill 2498 (McIlhinney) would amend the Vehicle Code to create the Gold Star Family special license plate.  The new specialty plate would be granted to any family member of a person killed while serving on active duty in the military.  The bill would establish a fee of $20 for the plate, in addition to the annual registration fee for the vehicle.  The plate could be used only on a passenger car or truck with a registered gross weight of not more than 10,000 pounds.  An applicant would have to certify on a form approved by the Department of Transportation that he or she is a family member of a person killed while serving on active duty in the military.  Passed:  50-0.

 

Executive Session

 

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

 

 

Wednesday, September 27, 2006

 

Senate Bill 862 (Pippy) would amend the Title 4 (Amusements) and Title 18 (Crimes and Offenses) to make a number of changes to the provisions governing slot machine gaming in the Commonwealth.  Among other changes, the bill would:

 

• Make slot machine suppliers optional by allowing a manufacturer to determine whether or not to use a supplier.  Suppliers would still be required to be licensed.  

 

• Eliminate the one percent ownership provision for public officials and redefine “public official” to include all officials in jurisdictions which receive gambling revenues or who have regulatory or other discretionary authority over gambling.

 

• Clarify that the Attorney General has concurrent jurisdiction relating to gambling crimes and the ability to enforce RICO violations.  The Attorney General would be required to establish a gambling unit.

 

• Clarify that other state statutes -- such as the Right-to-Know Law, the Sunshine Act and the Adverse Interest Act -- apply to the Pennsylvania Gaming Control Board (PGCB).

 

• Establish a code of conduct for the PGCB, including a restriction on political activity.

 

• Require that if a PGCB member recuses himself from voting on a particular applicant, he must recuse himself from the entire proceeding.  For purposes of this provision, a “proceeding” is the awarding of a single slot machine license from a pool of multiple applications.  

 

• Provide that the PGCB budget goes through the normal state budget process.

 

• Eliminate the ability of a public official to place gambling-related assets in a blind trust.

 

• Place restrictions on any license applicant which is a trust with a child beneficiary.

• Prohibit PGCB members, employees, public officials and employees of independent contractors from being employed by a licensed entity for one year following board employment or contract.  Further, members and employees could not appear before the board for two years following termination.  

 

• Strengthen removal provisions for PGCB members and expand the offenses that would lead to removal.

 

• Establish the PGCB’s Bureau of Investigation and Enforcement as a separate bureau and make it a criminal justice agency.

 

• Require at least one public input hearing in the host municipality for future slot machine license applications.

 

• Exclude Category 2 or 3 licenses from being in a Keystone Opportunity Zone.

 

• Allow temporary detention of individuals suspected of a crime at a gambling facility until law enforcement arrives.

 

• Regulate zoning rights in Philadelphia.

 

• Maintain the current prohibition on granting a license or permit to anyone with a felony that is less than 15 years old.  The board would be required to review felonies that are more than 15 years old and consider the nature of the position sought, the nature and age of the offense, rehabilitation and related factors.

 

• Require PGCB members and employees and public officials to disclose gambling-related financial interests known to be held by a spouse, parent, brother, sister or child. Requires divestiture of gambling-related financial interests held by a spouse or child. Exceptions are made for retirement plans and TAP accounts.  

 

• Prohibit complimentary services or discounts from licensed entities being offered to or accepted by PGCB members and employees and public officials.

 

• Establish a market share cap for the percentage of machines any single manufacturer may have at a licensed entity.

 

• Clarify distribution of funds to ensure that host municipalities get a $10 million minimum.

 

• Allow $5 million of Philadelphia’s share to go to the Philadelphia School District.

 

• Preempt local smoking ordinances for gambling facilities.

 

• Prohibit a PGCB member from soliciting charitable contributions from a gambling entity.  

• Require the board to make annual reports to the majority and minority leaders of each chamber and the majority and minority chairmen of the standing committees with jurisdiction over gambling.  These reports will also be posted on the Internet.

 

• Allow PGCB members to hire one special assistant to work directly for the member.

 

• Require PGCB members to avoid the appearance of impropriety.

 

• Require that the central control computer system protect against fraud.  Concurrence in House Amendments, as Amended:  50-0.

 

Senate Bill 1207 (Rafferty) would amend the Administrative Code of 1929 to make primarily technical changes to the provisions govern the Pennsylvania State Police.  The bill would transfer the language to the Administrative Code that sets the statutory maximum complement of the Pennsylvania State Police at 4,310.  An additional change would clarify that troopers assigned to the Pennsylvania Turnpike Commission, the Delaware River Toll Bridge Commission, Gaming Enforcement and Liquor Control Enforcement are not to be counted in determining the total number of enlisted members in the Pennsylvania State Police.  The bill would also delete the language which requires the Pennsylvania State Police force to include two underwater search teams.  Passed:  50-0.

 

Senate Bill 1266 (Corman) would amend Title 51 (Military Affairs) to further provide for military leaves of absence for Commonwealth employees.  Act 62 of 2005 provided an additional 15 days of annual paid leave for Commonwealth employees who are Pennsylvania National Guard and reserve members when they are engaged in training or other military duty under orders by federal or state law.  This legislation would include Guard members under these provisions who are ordered involuntarily, voluntarily or under a contingency operations tour of active duty agreement to serve for more than 30 consecutive days and assigned to duties away from their home station under certain sections of federal law.  The change would apply retroactively to January 1, 2005 for officers and employees who did not qualify under Act 62 of 2005 and prospectively for all other officers and employees.  Passed:  50-0.

 

Senate Bill 1303 (Wonderling) would amend Title 4 (Amusements) to require the Gaming Control Board to submit a budget for administrative expenses to the General Assembly.  The budget would be submitted through the Governor as part of the annual budget submission process.  Expenses would be appropriated by the General Assembly in the General Appropriations Act.  Funds would be appropriated from the accounts established under Section 1401 (relating to slot machine licensee deposits).  Passed:  50-0.

 

Senate Resolution 339 (Waugh) designates the month of September 2006 as “Campus Fire Safety Month” in Pennsylvania.  Adopted:  50-0.

 

Senate Resolution 342 (Tomlinson) designates the month of October 2006 as “Agent Orange Recognition Month” in Pennsylvania.  Adopted:  50-0.