Monday, October 16, 2006

 

Senate Bill 19 (Tomlinson) would amend Title 51 (Military Affairs) to further provide for the exemption from the payment of real estate taxes for certain disabled veterans.  The bill would establish a rebuttable presumption that an applicant with an annual income of $75,000 or less has a need for the exemption.  Beginning January 1, 2009, and every two years thereafter, the State Veterans' Commission would be required to adjust the income level for inflation.  The measure would also require the Commission to review determinations of need every five years to determine any changes in economic status of the applicants.  Currently, the Commission must undertake this review every two years.  Passed: 49-0.

 

Senate Bill 628 (Greenleaf) would amend Title 18 (Crimes and Offenses) and Title 20 (Decedents, Estates and Fiduciaries) to permit competent adults to control their health care through a living will or a health care power of attorney or a health care representative when there is no advance directive.  Among other provisions, the bill would:

• Replace Chapters 54 and 54A with a revised and restructured Chapter 54 to include living wills, health care agents and representatives, and out-of hospital non-resuscitation.

• Provide a comprehensive statutory framework for health care powers of attorney and create an optional form that:

  • permits a principal to allow a health care agent to make all health care decisions for the principal, including those concerning life-sustaining treatment.

  • permits a principal to appoint multiple and successor health care agents.

  • provides that a principal may countermand a health care decision made by the principal's health care agent.

  • explains how a health care power of attorney may be amended.

  • explains how to revoke a health care power of attorney and the effect of a revocation.

• Provide a model living will and health care power of attorney form.

• Replace the term "terminal condition" with the term "end stage medical condition" while keeping the substance of the definition the same and clarifying the definition of "end-stage medical condition" to ensure that an individual's wishes are followed and that the individual receives medical care if the individual would benefit from the treatment and it would not merely prolong the process of dying.

• Prohibit a Commonwealth agency that licenses health care providers or regulates health care from prescribing a mandatory form.

• Allow an emancipated minor to execute a living will and a health care power of attorney, have a health care representative, and secure an out-of-hospital do-not-resuscitate order.

• Add provisions authorizing health care representatives to make health care decisions when there is no health care agent.

• Set forth a statutory default to determine who may act as a health care representative in descending order of priority.

• Provide that upon the petition of any member of a class of potential health care representatives, the court may disqualify, for cause shown, an individual otherwise eligible to serve.

• Give the adult children of the principal who are not the children of the spouse the same priority to act as health care representatives as the spouse.

• With regard to a care-dependent person, allow a health care representative to only make decisions regarding treatment, care, goods or services that a caretaker is obligated to provide to that care-dependent person who has an end-stage medical condition or is permanently unconscious.

• Add an affirmative defense to criminal charges filed for "neglect of care-dependent person" for a caretaker's, individual's or facility's lawful compliance with the direction of the care dependent person's health care representative.

• Provide statutory guidance for health care decisions by a health care agent and a health care representative and assign the Department of Health oversight responsibilities.

• In the absence of a written directive to the contrary, create a presumption that the principal would not want nutrition and hydration withheld or withdrawn and provide how that presumption is overcome.

• In establishing whether the presumption has been overcome, distinguish between clearly expressed wishes of the principal regarding nutrition and hydration and the absence of such clearly expressed wishes.

• Permit a person who is permanently unconscious to secure an out-of-hospital-do-not-resuscitate order without requiring that person to have an operative living will.

• Provide that a health care provider shall not be subject to criminal or civil liability, discipline for unprofessional conduct or administrative sanctions for refusing to comply with a direction or decision of an individual based on a good faith belief that compliance would be unethical or, to a reasonable degree of medical certainty, would result in medical care having no medical basis in addressing any medical need or condition of the patient.

• Expressly provide that the chapter does not require a health care provider to maintain copies of medical records beyond the requirements otherwise imposed by applicable law and regulation.

• Require the Department of Health to establish a committee to assist it in determining the advisability of using a standardized form containing orders by physicians that detail the scope of medical treatment for patients' life sustaining wishes.  Passed: 49-0.

Senate Bill 808 (Armstrong) would create the Long-Term Care Patient Access to Pharmaceuticals Act.  The legislation would establish a mechanism whereby patients who are eligible to receive low-cost prescription drugs through the Veterans' Administration and reside in a long-term care facility have access to those drugs.  A patient would be required to sign a form, developed by the State Board of Pharmacy, authorizing the long-term care facility to administer a drug acquired from a drug source facility outside the long-term care facility (Veterans' Administration) and dispensed through a pharmacist employed by a long-term facility or a pharmacy who contracts with a long-term care facility.  Patients would be advised that they could be charged a fee for the repackaging, re-labeling and dispensing of such drugs.  The fees would not exceed $20 for up to 90 units per drug; with an additional fee of $10 for half tablets and for each additional 90 units.  Repackaging would be in compliance with policies and procedures of the Food and Drug Administration, the U.S.  Pharmacopeia and the long-term care facility.  The legislation would also provide civil immunity for those dispensing properly repackaged drugs and long-term care facilities properly administering the drugs from an entity authorized to dispense the drug.  Passed: 49-0.

 

Senate Bill 934 (Wonderling) would create the "Medical Safety Automation Fund (M-SAF) Act."  The legislation would set up a medical safety automation program to provide grants to health care providers (a facility or health care practitioner) and to regional health information organizations (a not-for-profit organization established to enable participation in a program by multiple health care providers) to implement medical safety automation systems.  Eligible health care providers must provide medically necessary services regardless of an individual's ability to pay and be a participating provider of medical assistance.

 

The Pennsylvania Department of Health would administer the program, develop an application, coordinate the program with the Department of Public Welfare and other agencies, and award grants.  Other duties, as outlined in the bill, would include implementing a statewide interoperable medical safety automation system among providers, insurers and consumers; the development of a public information program about the program; and auditing and assessing the safety automation systems.  Preference under the program would be given to applications which provide regional medical safety automation systems that link multiple providers and which have direct patient access to health care information.

 

The grant program, established within the Department of Health, would provide grants for a two year term.  Grants could not exceed $1,000,000 and would require a 100 percent local match.  The grants could be used for: the purchase of health information technology necessary to create interoperable and integrated medical safety automation systems; payment of costs and expenses associated with the preparation of plans, specifications, studies and surveys necessary to determine the scope of a medical safety automation system and the practicality and effectiveness of its use; and training of personnel in the use of a medical safety automation system.  Grant recipients, within the first year of the grant, would provide a report to the Department of Health describing the development of the system and any reduction in medical errors and increases in efficiency.  The Department of Health would submit an annual report to the Senate Public Health and Welfare Committee and the House Health and Human Services Committee.  The program would be funded by appropriations by the General Assembly and from investment earnings on any amounts appropriated and deposited into a restricted account known as the Medical Safety Automation Fund.  Passed: 49-0.

 

Senate Bill 1216 (Erickson) would amend the Pennsylvania Election Code to permit the county boards of elections to fill any vacancies in their respective election boards and provide for the proper recording of such appointments.  Current law permits the county court of common pleas to fill such vacancies.  Passed: 29-20.

 

Senate Bill 1332 (Conti) would amend the Public School Code to make a number of changes.  Among other modifications, the bill would:

• Make numerous technical changes and update antiquated language in Article XIV (School Health Services) of the Public School Code related to student health services.

• Remove tuberculosis screening from the list of health services school districts are required to provide students and add scoliosis screening to the list.

• Change mandatory school physical examinations from entry, sixth, and eleventh grades to entry, fifth, and ninth grades.

• Impose the primary duty for obtaining required school medical and dental exams upon a child's parent or guardian with the examination to be performed by the child's family physician and private dentist.

• Require other school employees to report changes in students that may be a result of impaired health to the school nurse or physician.  Currently, only teachers are under obligation to report such changes.

• Update language to be consistent with Department of Health regulations that require students and staff to be excluded from school who are suspected of having a communicable disease.

• Remove a requirement that school physicians or nurses inform teachers of the health conditions of pupils that may affect behavior, appearance or scholastic performance.

• Authorize any school district to provide for the health care and treatment of all children of school age within the district if the district has obtained prior written consent of the child's parent or guardian.  Passed: 49-0.

Senate Resolution 343 (Waugh) designates the month of November 2006 as "Pancreatic Cancer Awareness Month" in Pennsylvania.  Adopted: 49-0.

 

Senate Resolution 368 (Armstrong) recognizes the week of October 15 through 22, 2006 as "Credit Union Week" in Pennsylvania.  Adopted by Voice Vote.

 

House Bill 1813 (Kenney) would require the Secretary of the Budget to include in the budget submission to the General Assembly for the community mental health, community mental retardation services and for early intervention services programs in the Department of Public Welfare the amounts necessary to fund the following: the aggregate amount allocated for these programs in the prior fiscal year; the amount necessary to provide full-year funding all of initiatives included in the prior year; and, the amount necessary to fund an index adjustment including an adjustment for administrative costs.  The index adjustment would be equal to the product of the Home Health Market Basket Index published in the Federal Register for the prior federal fiscal year and the sum of the aggregate amount allocated to counties in the prior fiscal year plus the amount necessary to provide full year funding of all initiatives in the prior year's allocation to the counties.  Funds included in the Governor's budget submission for these programs would have to be identified as increases in the rates or amounts of funding for existing community-based mental health and mental retardation services.  The act would take effect December 1, 2006, or immediately, whichever is later.  Passed: 46-3.

 

House Bill 2631 (Gannon) would amend Section 608 of the Real Estate Licensing and Registration Act, which deals with the duty to disclose, and provides a definition of "commercial property."  The bill would remove the statutory duty on the part of real estate brokers and salespersons to provide written disclosures about property when dealing with certain commercial transactions, provided that the party to the transaction is not an individual.  Generally, with respect to the sale of property, such disclosures currently include information about how the property is zoned, a description of the business relationships the broker/salesperson may have with a consumer, including dual agency, and information regarding the act itself and the existence of the Real Estate Recovery Fund.  Passed: 44-5.

 

 

Executive Session

 

Nominations to Various Boards and Commissions.  (See Attached) Confirmed: 49-0.

 

 

Tuesday, October 17, 2006

 

Senate Bill 157 (Browne) would amend the Local Tax Enabling Act to prohibit local authorities from levying, assessing or collecting a tax on the admission to professional sporting events in certain third class cities (Allentown).  Concurrence in House Amendments, as

Amended: 50-0.

 

Senate Bill 553 (Greenleaf) would create the Sexual Violence Victim Protection Act to provide victims of sexual violence with a civil remedy requiring an offender to stay away from the victim, as well as providing other appropriate relief.  The legislation would permit a sexual assault victim (plaintiff), as well as his or her parent or guardian, to petition the court for protection from the defendant without the prepayment of fees.  The prevailing party would pay the fees unless the court waives the fees and costs due to the inability to pay.  The court would hold an expedited hearing within 10 days of the filing of the petition unless the plaintiff is in immediate and present danger in which case the court could issue a temporary order in effect until modified or terminated after the hearing.  The court could also issue an order that the plaintiff's address and telephone number not be disclosed and that the address of a rape crisis center not be revealed.  The defendant has the right to be represented by counsel.  In addition, a sexual assault counselor could accompany and provide assistance to a party in any legal proceeding under the act.

 

A protection order could: prohibit the defendant from having any contact with the plaintiff; direct the defendant to refrain from harassing or stalking the plaintiff; and/or grant any other appropriate relief.  Protection orders could not exceed 18 months, but extensions could be granted following a hearing.  A copy of the protection order would be provided to the plaintiff, the defendant and the police department with jurisdiction to enforce the order.  Those in violation of a protection order could be imprisoned up to six months and/or ordered to pay a fine of not less than $100 or more than $1,000 for criminal contempt.  The victim would be notified when the offender is released.

 

The legislation would require police departments to ensure that their officers and employees are familiar with the provision of this act; to make sexual violence victim protection orders part of the training curriculum for all law enforcement personnel; and to adopt a written policy regarding sexual violence victim protection orders.  Law enforcement agencies would also provide sexual violence victims with oral and written notice of sexual assault services in the community.  Passed: 50-0.

 

Senate Bill 592 (Armstrong) would amend Title 24 (Education) of the Pennsylvania Consolidated Statutes providing for the public inspection of investment data and information as it applies to investment records received by the Public School Employees Retirement Board.  More specifically, the bill defines "alternative investment" and "alternative investment vehicle," and provides that, in certain enumerated instances, records, material and data shall not constitute a public record subject to public inspection under the Right-to Know Law.  The right of the Auditor General to inspect copies of such information for the purpose of a lawfully conducted audit is preserved.  Passed: 38-12.

 

Senate Bill 1095 (Stout) would amend the Rail Freight Preservation and Improvement Act to include labor and materials in the definition of "capital project."  The bill would also authorize the Department of Transportation to make grants for capital projects up to $250,000 without authorization or itemization in an approved capital budget.  The measure would make railroad users eligible for grants under the act and define "railroad user" as any person, firm or corporation which is a direct user or promoter of the development of any rail freight transportation system, facility or service in this Commonwealth.  Passed: 50-0.

 

Senate Bill 1110 (LaValle) would amend the Administrative Code of 1929 to require each member of every independent administrative board and commission, every departmental administrative body, board and commission, and every advisory board and commission to have been a resident of the Commonwealth for a period of at least one year immediately preceding appointment and to remain a resident of the Commonwealth during the term of their membership.  Passed: 50-0.

 

Senate Bill 1242 (Ferlo) would amend the Port of Pittsburgh Commission Act to expand the definition of "port district" to include Blair County.  Currently, the definition of port district includes the combined geographical territory of Allegheny, Armstrong, Beaver, Butler, Clarion, Fayette, Greene, Indiana, Lawrence, Washington, and Westmoreland Counties.  The House amendment to the bill made the act effective immediately.  Concurrence in House Amendments: 50-0.

 

Senate Bill 1330 (Robbins) would amend Title 75 (Vehicles) to provide an exemption to the prohibition on soliciting contributions along a roadside.  The bill would exempt organizations representing law enforcement personnel, firefighters, or other individuals who protect the public safety from the prohibition.  The solicitation would have to occur at a controlled-intersection approach which has a traffic signal or a stop sign and is located on a two-lane highway having a maximum speed limit of 35 miles or less.  The charitable organization would have to obtain the written approval of the political subdivision where the solicitation occurs and the Department of Transportation if federal-aid system highways are involved.  The political subdivision and the Department could base their decisions regarding approval on public safety or traffic operations issues.  Approval could be revoked if concerns are raised due to unanticipated public safety or traffic operations events.  Passed: 49-1.

 

Senate Bill 1331 (Wonderling) would amend the Tax Reform Code of 1971 to exempt the sale at retail or use of copies of an official document sold by a government agency or a court from the Sales and Use Tax.  Passed: 50-0.

 

Senate Resolution 366 (D. White) directs the Legislative Budget and Finance Committee to conduct a review of homeland security funding and preparedness in the Commonwealth.  Adopted: 50-0.

 

Senate Resolution 369 (LaValle) designates the week of November 5 through 11, 2006 as "Marine Corps League Week" in Pennsylvania.  Adopted by Voice Vote.

 

Senate Resolution 370 (Rafferty) recognizes November 2, 2006 as "SADD Day" in Pennsylvania and commends this outstanding program on its 25th anniversary.  Adopted by Voice Vote.

 

Senate Resolution 371 (Fontana) recognizes the Andrew Carnegie Free Library and Music Hall in Carnegie, Allegheny County.  Adopted by Voice Vote.

 

Senate Resolution 372 (Orie) recognizes November 25, 2006 as "International Day for the Elimination of Violence Against Women" and notes the commencement of 16 days of activism against gender violence.  The resolution also commends the Zonta Three Rivers North Organization for its excellent work in service to women in the Pittsburgh area.  Adopted by Voice Vote.

 

House Bill 126 (Godshall) would amend Title 71 (State Government) of the Pennsylvania Consolidated Statutes providing for the public inspection of investment data and information as it applies to investment records received by the State Employees Retirement Board.  More specifically, the bill defines "alternative investment" and "alternative investment vehicle," and provides that, in certain enumerated instances, records, material and data shall not constitute a public record subject to public inspection under the Right-to Know Law.  The right of the Auditor General to inspect copies of such information for the purpose of a lawfully conducted audit is preserved.  Passed: 37-13.

 

House Bill 632 (Hershey) would amend the Solicitation of Funds for Charitable Purposes Act to increase the audit and review thresholds for charitable organization in the Commonwealth.  Charitable organizations that receive annual contributions of $300,000 or more would be subject to a mandatory audit by an independent certified public accountant or public accountant.  Those receiving between $100,000 and $300,000 would be subject to a review or audit of their financial statements performed by an independent CPA or public accountant.  Charitable organizations that receive between $50,000 and $100,000 annually would be required to have a compilation, review or audit of their financial statements performed by an independent CPA or public accountant.  Finally, a compilation, review or audit of financial statements would be optional for any charitable organization that receives annual contributions of less than $50,000.  Passed: 50-0.

 

House Bill 2042 (Reichley) would amend the Clean Streams Law to increase the grading of negligent violations of the act from a third degree misdemeanor to a second degree misdemeanor and to increase the maximum prison term for an offense from one year to two years.  Subsequent negligent violations within two years would be classified as first degree misdemeanors punishable by a fine of not less than $5,000 or more than $50,000 and a term of imprisonment of up to five years, or both.  The measure would also increase an intentional or knowing violation from a third degree misdemeanor to third degree felony punishable by a fine of not less than $5,000 or more than $50,000 and a term of imprisonment of up to seven years, or both.  An additional change would clarify that actions for criminal penalties under the act could be commenced at any time within five years from the date the offense is discovered.  Passed: 50-0.

 

 

Wednesday, October 18, 2006

 

Senate Bill 642 (Armstrong) would amend the Public School Code to permit school districts to acquire land or buildings in which a member of the school board has an ownership interest so long as: proper public notice and disclosure is provided, public comment is allowed during two regular school board meetings prior to any acquisition, a final vote on acquisition is made during a public meeting, the board is in compliance with the State Ethics Act, and the board member has had ownership of the property for at least ten years.  Passed: 46-2.

 

Senate Bill 647 (Vance) would amend the Public School Code to allow a physician assistant or certified registered nurse practitioner to sign a health certificate for an applicant for teacher certification.  The bill would also require the Department of Education to prescribe a method for prospective school employees to submit a set of fingerprints to be transmitted to the Federal Bureau of Investigation for federal criminal history information.  Passed: 48-0.

 

Senate Bill 1263 (Jubelirer) would amend the Fiscal Code to provide that any property presumed to be abandoned and unclaimed that is held by a rural electric cooperative could be retained and used by the cooperative if it is used within the cooperative's service territory for energy assistance, education or civic purposes under a program adopted by the board of the directors of the cooperative.  The rural electric cooperative would have to comply with all reporting requirements of the act.  Passed: 48-0.

 

Senate Bill 1285 (Wozniak) would amend Title 71 (State Government) to expand eligibility for creditable leaves of absence for certain union officials who are on a paid leave of absence.  Under the change, officers or officials associated with a statewide employee organization which is a collective bargaining representative under the Policemen and Firemen Collective Bargaining Act and up to 14 full-time business agents appointed by an employee organization that represents corrections officers at the state correctional institutions would be eligible to earn service credit while on a paid leave of absence for union duties.  The creditable service provision for the business agents representing corrections officers would only apply to leaves of absence approved after December 31, 2006.  Passed: 48-0.

 

Senate Resolution 373 (Armstrong) honors the lives and extends condolences to the West Nickel Mines Amish School shooting victims, their families and the entire Amish community.  Adopted by Voice Vote.

 

Senate Resolution 374 (Stack) recognizes October 2006 as "The Great Hunger Remembrance Month" in Pennsylvania.  Adopted by Voice Vote.

 

Senate Resolution 375 (C. Williams) recognizes the week of October 22 through 28, 2006 as "National Massage Therapy Awareness Week" in Pennsylvania.  Adopted by Voice Vote.

 

Senate Resolution 376 (A. Williams) honors the life of Negro Leagues baseball legend John Jordan "Buck" O'Neil and extends condolences on his recent death.  Adopted by Voice Vote.

 

House Bill 236 (Pickett) would amend the Regulatory Review Act to require state agencies to consider the negative impact on small businesses before imposing regulatory mandates.  It would also require state agencies to examine alternatives for small businesses that would achieve the desired regulation.  Under this legislation, a small business (defined as a business entity that is independently owned and operated and employs fewer than 100 full-time employees or has gross annual sales of less than $6 million) that has been adversely affected or aggrieved may seek judicial review for a period of 18 months after the implementation of the regulation.  This legislation requires that, prior to the adoption of any proposed regulation which may adversely impact small businesses within the Commonwealth, each agency must notify the Independent Regulatory Review Commission of its intent to adopt the proposed regulation, and that the Commission must advise and assist agencies in complying with this act.  Passed: 37-11.

 

House Bill 469 (E.Z. Taylor) would amend the Pennsylvania Election Code to provide voters with an emergency process for absentee voting during the period after the official absentee ballot process has closed but prior to 8 p.m.  on the day of the election.  A voter would be allowed to receive an absentee ballot if he: 1) becomes disabled or ill between 5 p.m.  on the Friday preceding the election and 8 p.m.  on the day of the election; or 2) the voter learns after 5 p.m.  on the Friday preceding the election that he must be absent from the municipality due to the conduct of business, duties or occupation.  These voters would file an Emergency Application or letter with the court of common pleas and if the judge determines that they are a qualified elector an absentee ballot would be issued.  An elector could designate an individual to help mark the ballot as well as designate someone to receive the ballot.  This designee could deliver the absentee ballot to the elector and return the completed ballot to the county board of elections.  If the elector does not have anyone to provide assistance, the judge could order a deputy sheriff or constable to deliver and return an absentee ballot.  Ballots that are not returned by 8 p.m.  on the day of the election would not be counted.

 

The legislation would also provide that no political contribution from a partnership, limited partnership or limited liability company could be made from funds of any partner, limited partner or member that is a corporation.  A limited liability company that makes a contribution would affirm to the recipient candidate or committee that the limited liability company is treated as a partnership for federal tax purposes and that the contribution from the limited liability company does not contain corporate funds.  Passed: 48-0.

 

House Bill 854 (Rubley) would enact the Public Utility Confidential Security Information Disclosure Protection Act to better protect Pennsylvania's drinking water and wastewater structures from terrorist acts, although the bill more broadly applies to any municipal authority or public utility.  Among other provisions, the bill would:

• Clarify that a public utility is responsible for determining whether a record contains confidential security information and must clearly state in its transmittal letter, upon submission to an agency, that the record contains such information and explain why the information should be treated as such.

• Require agencies to develop:

  • filing protocols and procedures for public utilities to follow when submitting records,

  • protocols and procedures to address challenges to the designations or requests to examine records containing confidential security information, and

  • protocols to protect public utility records that contain confidential security information from prohibited disclosure.

• Require agencies to redact confidential security information if a document contains both confidential and public information.

• Clarify that public utility records that contain confidential security information shall not be subject to the Right-to-Know Law.

• Mandate that an agency shall not release, publish or otherwise disclose a public utility record which contains confidential security information except that which is necessary for construction, renovation or remodeling work on any public building or project.

• Establish the penalty for knowingly or recklessly releasing, publishing or otherwise disclosing confidential security information as a misdemeanor of the second degree subject to a fine of not more than $5,000 plus costs of prosecution or a term of imprisonment of one year or both.  Passed: 48-0.

House Bill 1112 (True) would amend Title 18 (Crimes and Offenses) and Title 42 (Judiciary and Judicial Procedures) to create the offense of trafficking of persons.  The measure would add Chapter 30 to Title 18 make individuals who engage in human trafficking by recruiting, harboring, transporting or providing persons to engage in forced labor or services guilty of either: 1) a second degree felony, punishable by a fine of up to $25,000 and imprisonment up to 10 years; or, 2) a first degree felony, if the victim was under 18 or suffered bodily injury, punishable by a fine of up to $25,000 and imprisonment up to 20 years.  Human trafficking offenses would be included as predicate offenses to obtain a wiretap and would be included in the definition of "racketeering activity" under the Commonwealth's corrupt organizations law.  Those convicted of human trafficking would be required to pay restitution to the victim for the value of the victim's labor.  Assets used to plan or perpetuate human trafficking would be subject to forfeiture to the Commonwealth.  If the owner of the property subject to forfeiture was not aware that another party used the property to further human trafficking, the owner would be entitled to a return of the property.

 

Title 42 (Judicial Code) would also be amended to include sentencing provisions so that individuals found guilty of trafficking of persons, while also engaged in kidnapping, rape or involuntary deviate sexual intercourse could be sentenced up to a maximum term of life imprisonment.  Passed: 48-0.

 

House Bill 1902 (Rubley) would amend the Municipal Waste Recycling and Waste Reduction Act to extend the sunset date of the $2 recycling fee by three years to January 1, 2012.  The measure would also establish certain requirements for the performance grants for municipal recycling programs under Section 904 of the act.  Mandated curbside municipalities and other municipalities receiving more than $10,000 in grants would have to meet the performance requirements outlined in the bill or use the grant funds to meet these requirements.  Municipalities that meet the requirements could use the funds on any expense as determined by the municipality.  Communities receiving $10,000 or less in Section 904 grants would be exempt from any of the new requirements established by the legislation.  Passed: 48-0.

 

House Bill 2001 (Beyer) would create the Price Gouging Act.  The measure would prohibit "unconscionably excessive" pricing during a declared state of disaster emergency and 30 days thereafter.  The measure would give the Attorney General the authority to investigate possible price gouging and impose penalties on violators.  Under the measure, consumers who suspect price gouging could file a complaint with the Attorney General's Bureau of Consumer Protection.  If an investigation determines there has been price gouging, the business would face civil action of up to $10,000 in penalties for each violation, including restitution to consumers.

 

Under the provisions of the bill, pricing would be considered "unconscionably excessive" if parties within the chain of distribution (manufacturers, suppliers, wholesalers, distributors or retailers) increase prices by 20 percent or more over the average price for the same goods or services available in the affected area a week prior to the state of emergency.  The bill would provide an affirmative defense for a retailer who receives a price reduction after an increase in his or her costs, that is attributable to costs that arose within the chain of distribution, and the decrease is passed along within seven days.  The law would not apply to: 1) price increases caused by additional expenses, such as replacement costs, taxes and transportation; or 2) the sale of goods and services sold pursuant to a tariff or rate approved by a federal or commonwealth agency with authority over the sales of such goods and services.  A trade association, corporation, or other entity could register an agent for the purpose of being notified when the Governor declares and ceases a state of emergency.  The Governor or his designee would be responsible for notifying the registered agents, but failure to receive notification would not be a defense for a violation of the act.  Passed: 48-0.

 

House Bill 2134 (Fairchild) would create the Social Security Number Privacy Act to allow individuals applying for or renewing a professional license or certification, occupational license or certification or recreational license required by a Commonwealth agency or municipality to provide an alternative to disclosing their social security number (SSN) if the SSN's are collected only for the purpose of complying with 23 PA C.S.  § 4304.1(a) (2) (relating to cooperation of government and nongovernment agencies).  Alternate forms of identification would include the individual's Pennsylvania driver's license number or Pennsylvania non-driver identification card number.  As long as the person provides one of the alternative numbers, that individual could not be required to supply a SSN.

 

Commonwealth agencies and municipalities would be required to develop application and renewal forms that include all of the following: a place for the person's Pennsylvania driver's license number; a place for the person's Pennsylvania non-driver identification card number; and, a statement authorizing the Department of Transportation to release the person's SSN for the purpose of complying with 23 PA C.S.  4304.1(a) (2).  The Pennsylvania Department of Transportation would be required to provide, in a secure manner, a person's SSN to a Commonwealth agency or municipality when the agency or municipality provides the Department with an alternative number.

 

Any Commonwealth agency, municipality or other entity required to collect a SSN can continue to collect, use and release a SSN as required by federal or state law for child support enforcement purposes pending approval of a waiver under federal law to be applied for by the Department of Public Welfare.  This bill would also prohibit health insurers from using SSNs on health insurance identification cards.  Passed: 48-0.

 

House Bill 2185 (Tangretti) would amend the County Code to change the date by which a county must submit its annual financial report to the Department of Community and Economic Development from April 1 to July 1.  The bill would also prohibit counties from assessing billboards and billboard structures as real property for real estate tax purposes regardless of whether the structure has become affixed to the real estate.  This change would apply retroactively to assessments used for purposes of real property taxes levied and collected for fiscal periods of political subdivisions beginning on or after January 1, 2005.  Passed: 44-4.

 

House Bill 2282 (Sather) would amend the Tax Reform Code of 1971 to exclude from the definition of compensation, for the purpose of the personal income tax, any income from the United States Government or the Commonwealth of Pennsylvania for active State duty for emergency within or outside the Commonwealth, including duty ordered pursuant to 35 Pa.C.S.  Ch.  76 (relating to Emergency Management Assistance Compact).  The act would take effect immediately and apply to taxable years beginning after December 31, 2006.  Passed: 48-0.

 

House Bill 2670 (Kauffman) would bring Pennsylvania into compliance with the federal Child Abuse Prevention and Treatment Act by adding conditions under which a parent's rights may be involuntary terminated.  The bill specifies that termination may occur if a child is a victim of the parent, and the parent is convicted of: criminal homicide, aggravated assault, an offense in another jurisdiction equal to criminal homicide or aggravated assault, or attempt, solicitation or conspiracy to commit criminal homicide or aggravated assault.  House Bill 2670 would also provide for the release of confidential information contained in child abuse investigation reports to certain federal agencies and members of the citizen review panels established in the bill.  Members of a citizen review panel are not permitted to disclose any identifying information contained in child protective services cases.  The panels would be composed of volunteers representing the community, including members who have expertise in the prevention and treatment of child abuse and neglect.  The panels would be required to meet once every three months.  The Department of Public Welfare would issue an annual report summarizing activities and recommendations of the panel and the Department's response to the recommendations.  Additionally, the Department would be required to provide quarterly reports to the Governor and the General Assembly which includes a summary of findings about each child fatality or near fatality.  Passed: 48-0.

 

House Bill 2738 (Allen) would amend the Workers' Compensation Act to make a number of changes.  Among other modifications, the bill would:

• Effective January 1, 2007, establish a minimum compensation for total disability of $100/week for those individuals who were injured prior to August 31, 1993.

• Require a mediation conference to be scheduled for every disputed claim.

• Establish a "resolution court" in each judicial district with the sole purpose of considering compromise and release agreements in a timely manner.

• Require each workers' compensation judge assigned to a case to set a mandatory trial schedule at the first hearing, which must include specific deadlines for the presentation of evidence by the parties and dates for future hearings.

• Prohibit individual judges from being assigned more than 75 percent of petitions from a particular county.

• Limit maximum attorneys' fees to 20 percent of the amount of compensation awarded to a claimant.

• Reform the Workers' Compensation Appeal Board by:

  • creating an expedited workers' compensation appeals process,

  • requiring board members to attend a minimum of eight hours of workers' compensation education annually,

  • establishing a code of ethics for board members, and

  • granting each board member at least two opinion writers.

• Create a separate Uninsured Employers Guaranty Fund to provide workers' compensation benefits to injured workers whose employers did not carry required workers' compensation insurance coverage.

• Transfer $1,000,000 from the Workers' Compensation Administrative Fund to the Uninsured Employers Guaranty Fund to pay for initial operations until June 30, 2007.  Passed: 48-0.

House Resolution 795 (DeWeese) is a concurrent resolution designating December 19, 2006 as Coal Miner's Day in Pennsylvania in appreciation, honor and remembrance of the accomplishments and sacrifices of coal miners in the Commonwealth.  Adopted: 49-0.

 

 

Executive Session

 

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