Monday, April 30, 2007
Senate Bill 623 (Greenleaf) would amend the Crimes Code to clarify the
powers of corrections officers when there has been an escape from a
correctional institution. The bill would authorize corrections officers to
use whatever force is necessary to defend themselves or others from bodily
harm during the pursuit of the escaped individual. Corrections officers
could use deadly force only when they believe that such force is necessary
to prevent death or serious bodily injury to themselves or others, or when
the officer believes that deadly force is necessary to (1) overcome
resistance and capture the escaped person, and (2) the person being pursued
has been convicted of a forcible felony, possesses a deadly weapon or
otherwise indicates that he will endanger others unless apprehended without
delay. The measure defines a “corrections officer” as a full-time employee
assigned to the Department of Corrections whose principal duty is the care,
custody and control of inmates of a penal or correctional institution
operated by the department. Passed: 49-0.
Senate Resolution 103 (Pippy) designates May 1, 2007 as “Loyalty Day” in
Pennsylvania. Adopted by Voice Vote.
Senate Resolution 104 (Greenleaf) designates the month of May 2007 as
“Crohn’s Disease and Ulcerative Colitis Awareness Month” in Pennsylvania.
Adopted by Voice Vote.
Executive Session
Robin Wiessmann – State Treasurer. Confirmed: 49-0.
Nominations to Various Boards and Commissions. (See Attached)
Confirmed: 49-0.
Tuesday, May 1, 2007
Senate Bill 73 (Greenleaf) would codify Title 61 (Penal and Correctional
Institutions) into one body of law relating to prisons, inmate matters, and
probation and parole. The codification would repeal obsolete acts, organize
the subject matter, and modernize the terminology. Passed: 49-0.
Senate Bill 318 (Rafferty) would amend the Administrative Code of 1929
to increase the complement of the State Police from 3,940 members to 4,310
members. State police assigned to the Turnpike Commission, the Delaware
River Toll Bridge Commission, Gaming Enforcement and Liquor Control
Enforcement would not be counted in determining the total number of officers
and enlisted members in the State Police. An additional provision would
require a State Police barracks to be open to the public and manned by an
officer or civilian personnel 24 hours a day, seven days a week, except when
prevented by emergency. Passed: 48-1.
Senate Bill 331 (Waugh) would amend the Crimes Code to expand the
offense of robbery. The bill would expand the definition of robbery to
include taking or removing money from a financial institution without
permission by making a demand of an employee of the institution orally or in
writing with the intent to deprive the financial institution of the money.
An offense under these provisions would be considered a second degree
felony. Passed: 49-0.
Senate Bill 450 (Rafferty) would amend the Crimes Code to add the
offenses of “criminal homicide of a law enforcement officer” and “violence
against a law enforcement officer.” Criminal homicide of a law enforcement
officer would be classified as first degree murder of a law enforcement
officer, second degree murder of a law enforcement officer or involuntary
manslaughter of a law enforcement officer. The bill defines each offense
and provides for penalties. In each case, the death would have to occur
while the law enforcement officer is performing his or her duties and the
person would have to know that the victim was a law enforcement officer.
The grading of the offenses would be the same as for first and second
degree murder and involuntary manslaughter. The court would be required to
order that any sentence imposed under this section be served consecutively
with any other sentence imposed for an offense arising from the same
criminal episode.
A person would commit the offense of violence against a law enforcement
officer if the person commits an offense relating to aggravated assault or
recklessly endangering another person against a law enforcement officer.
The offense would have to occur while the law enforcement officer was
performing his or her duties and the person would have to know that the
victim was a law enforcement officer. The grading of the offense would be
one degree higher than the underlying offense. However, if the underlying
offense is a first degree felony, the maximum term of imprisonment would be
40 years. (Typically, a first degree felony has a maximum term of
imprisonment of 20 years.) The court would be required to order that any
sentence imposed under this section be served consecutively with any other
sentence imposed for an offense arising from the same criminal episode. A
“law enforcement officer” is defined as any person who, by virtue of his or
her office or public employment, is vested by law with the duty to maintain
public order and to make arrests for offenses, whether that duty extends to
all offenses or is limited to specific offenses. Passed: 47-2.
Senate Bill 580 (Madigan) would amend the Game Code to permit the use of
a dog to pursue, chase, scatter and track wild turkeys during the fall wild
turkey season. Passed: 48-1.
Senate Bill 635 (Gordner) would amend the Borough Code to remove
references to assessors. Elected assessors in office in boroughs on the
effective date of the act would serve the remainder of their unexpired
terms. Thereafter, assessors would neither be elected nor appointed in
boroughs. The measure would also repeal sections of the Fourth to Eighth
Class and Selective County Assessment Law related to assessors in boroughs.
Passed: 49-0.
Senate Bill 636 (Gordner) would amend the Fourth through Eighth Class
County Assessment Law to remove references to elected assessors and provide
for a county assessor in certain situations. Any assessor or assistant
assessor in a first class township or borough in office on the effective
date of the act would remain in office until the end of the term for which
the assessor was elected. The measure would also repeal inconsistent parts
of the Borough Code and the First Class Township Code. Passed: 49-0.
Senate Bill 650 (Logan) would amend the Liquor Code to permit a
sportsmen’s club in existence for at least ten years conducting a national
golf championship to receive one special occasion permit per year. Passed:
49-0.
Senate Bill 709 (Folmer) would amend the First Class Township Code to
remove references to assessors. Elected assessors in office in first class
townships on the effective date of the act would serve the remainder of
their unexpired terms. Thereafter, assessors would neither be elected nor
appointed in first class townships. The measure would also repeal sections
of the Fourth to Eighth Class and Selective County Assessment Law related to
assessors in first class townships. Passed: 49-0.
Senate Resolution 92 (Brubaker) designates the week of May 20, 2007 as
“MRSA Awareness Week” in Pennsylvania. Methicillin-resistant Staphylococcus
auerus (MRSA) is a type of infection that is resistant to treatment with the
usual antibiotics. The proportion of infections which are antimicrobial
resistant in the United States has grown from two percent in 1974 to
63 percent in 2004. Adopted by Voice Vote.
Senate Resolution 105 (Costa) honors Anthony W. Salomone, Executive
Director of the Public Employee Retirement Commission, upon his retirement.
Adopted by Voice Vote.
Senate Resolution 106 (M. White) designates the week of May 6 through
12, 2007 as “Drinking Water Week” in Pennsylvania. Adopted by Voice Vote.
Senate Resolution 107 (Vance) designates the week of May 6 through 12,
2007 as “Nurses Week” in Pennsylvania. Adopted by Voice Vote.
Senate Resolution 108 (Wonderling) designates May 1, 2007 as “Silver
Star Families of America Day” in Pennsylvania. Adopted by Voice Vote.
Senate Resolution 109 (Boscola) designates the week of May 13 through
19, 2007 as “Food Allergy Awareness Week” in Pennsylvania. Adopted by Voice
Vote.
Senate Resolution 110 (Musto) designates the month of May 2007 as
“Watershed Awareness Month” in Pennsylvania. Adopted by Voice Vote.
House Bill 85 (K. Smith) would authorize the Department of General
Services to convey 2.52 acres of land in Scranton to the County of
Lackawanna Transit System Authority (COLTS) in exchange for approximately
4.6 acres of land in Scranton. No portion of the land conveyed to COLTS
could be used as the location for a licensed gaming facility or the land
would revert to the Commonwealth. In the event the conveyance is not
executed within twelve months of the effective date of the act, the
authorization contained in the act would become null and void. Passed:
49-0.
Wednesday, May 2, 2007
Senate Bill 791 (Armstrong) would appropriate $26,568,000 from the State
Employees’ Retirement Fund to the State Employees’ Retirement Board for its
operational and administrative expenses for the 2007-2008 Fiscal Year.
Passed: 47-2.
Senate Bill 792 (Armstrong) would appropriate $40,811,000 from the
Public School Employees’ Retirement Fund to the Public School Employees’
Retirement Board for its operational and administrative expenses for the
2007-2008 Fiscal Year. Passed: 48-1.
Senate Bill 793 (Armstrong) would appropriate $31,523,000 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 2007-2008 Fiscal Year. Other appropriations listed in the bill
for operational costs during the 2007-2008 Fiscal Year include: $8,165,000
to the State Board of Medicine; $1,223,000 to the State Board of Osteopathic
Medicine; $252,000 to the State Board of Podiatry; and $446,000 to the State
Athletic Commission. Passed: 49-0.
Senate Bill 794 (Armstrong) would appropriate $63,383,000 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 2007-2008. The bill
would also appropriate $174,000 from a restricted revenue account within the
Workmen’s Compensation Administration Fund to the Office of Small Business
Advocate for Fiscal Year 2007-2008. Passed: 49-0.
Senate Bill 796 (Armstrong) would appropriate $5,069,000 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 2007-2008 Fiscal Year. Passed: 49-0.
Senate Bill 797 (Armstrong) would appropriate $993,000 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 2007-2008 Fiscal Year. Passed: 49-0.
Senate Bill 798 (Armstrong) is the Capital Budget Act of 2007-2008. The
measure would cap the maximum principal amount of additional debt to be
incurred during the 2007-2008 Fiscal Year at $752,000,000, in accordance
with the following: $320,000,000 for buildings and structures; $25,000,000
for furniture and equipment; $150,000,000 for transportation assistance;
$250,000,000 for redevelopment assistance; and, $7,000,000 for flood
control. An additional provision authorizes the Department of General
Services to pay the settlement or award of claims arising from construction
contracts for public improvement projects from available funds in accounts
within the Capital Facilities Fund that include funds no longer required for
the design, acquisition or construction of any approved capital project.
This provisions would only apply in the 2007-2008 Fiscal Year. Passed:
49-0.
