GENERAL ACTS ENACTED FOR 2005

ACT

DATE

BILL

SUBJECT

EFFECTIVE DATE

1

 

April 13

HB 2

 

The Growing Greener Environmental Stewardship and Watershed Protection Enhancement Authorization Act places a question of incurring indebtedness of up to $625,000,000 for the maintenance and protection of the environment, open space and farmland preservation, watershed protection, abandoned mine reclamation, acid mine drainage remediation and other environmental initiatives on the May 17, 2005 primary ballot. It also abrogates the authority of the Secretary of the Commonwealth to determine the form of the ballot question and extends the deadline for absentee ballots until May 31, 2005. Finally, it states that "this act shall not be construed as authorizing the imposition of any new tax or fee or permitting the increase of any existing tax or fee to repay the borrowing authorized by the approval" of the ballot question.

Effective Immediately

2

May 9

HB 486

Act authorizing the release of Project 70 restrictions on certain lands owned by the Township of Upper Dublin, Montgomery County, being conveyed by the township in return for the imposition of Project 70 restrictions on certain lands being conveyed to the township.

Effective Immediately

3

June 15

SB 69

Amends Title 42 (Judiciary and Judicial Procedure) providing for employer immunity from liability for disclosure of information regarding former or current employees as long as the employer is not intentionally giving out false information and the information is being distributed upon the request of either a prospective employer or by the former or current employee.

Effective in 60 days

4

June 15

SB 124

Act repealing section 5(7) of the 2004 Act entitled "An act amending Titles 20 (Decedents, Estates and Fiduciaries) and 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, further providing for right of surviving spouse to elective share; further defining 'separate and apart' for purposes of divorce; providing for premarital agreements; further providing for decree of court in actions for divorce; further defining 'marital property' for purposes of certain property rights; and further providing for equitable division of marital property, for disposition of property to defeat obligations and for statement of reasons for distribution." Also, the provisions of 23 Pa.C.S. Sec. 3501(c) would apply to all equitable distribution proceedings pending on or after the effective date of this section.

Effective Immediately

5

June 15

SB 464

Amends the Unemployment Compensation Law providing for the definition of "employer," for general powers and duties of department, providing for representation in proceedings, for contributions by employers and employees, for successors-in-interest, for appeals, for interest on past due contributions and for limitations upon enforcement of payment of contributions, interest and penalties; providing for registration and other reports; further providing for the Special Administration Fund; providing for the Job Training Fund; further providing for the duties of the State Treasurer as custodian, for offenses relating to false statements and representations to prevent or reduce compensation and other offenses; and providing for monetary penalties.

Effective Immediately

6

June 30

HB 402

Act designating a portion of a State route in the City of Erie as Michael A. Cannavino Way; redesignating the Carey Avenue Bridge between Larksville Borough and Hanover Township, Luzerne County, as the 1st Battalion, 109th Field Artillery, PA Army National Guard Bridge; and designating the portion of State Route 28 in Etna Borough and Shaler Township in Allegheny County as the 28th Signal Battalion Memorial Highway.

Effective 60 days

7

June 30

HB 1110

Act designating State Route 56 in Seward, Westmoreland County, as the Ricky Hafer Highway; and designating State Route 711 in Seward, Westmoreland County, as Aaron Rusin Boulevard.

Effective Immediately

8

June 30

HB 1178

Act repealing the act of April 3, 1872 (1873 P.L.1061, No.1109), entitled "An act to incorporate the State police of Crawford and Erie counties."

Effective 120 days

9

June 30

HB 1338

Act authorizing and directing the Department of General Services, with the approval of the Governor and the Department of Military and Veterans' Affairs, to grant and convey to the Borough of Columbia, Lancaster County, certain lands situate in Columbia Borough, Lancaster County. No portion of the parcels conveyed would be used as the location for a licensed gaming entity.

Effective Immediately

10

July 5

HB 129

Amends Title 74 (Transportation) by adding Chapter 65, which provides for the offense of flying while impaired. The legislation states that if a person flies while impaired they will have committed a misdemeanor of the second degree and would be subject to a fine between $1, 000 and $5,000, imprisonment for 72 consecutive hours, and evaluation for substance abuse by the court. Based on the evaluation he/she could be ordered to undergo substance abuse treatment. If reasonable suspicion of flying while impaired is found, an individual can be asked to submit to a blood, breath, or urine test and refusal to comply can result in a fine between $2,500 and $5,000. These tests can be submitted as evidence in court. If a person is convicted of flying while impaired and there was an accident resulting in bodily injury, serious bodily injury or death of any person or in damage to an aircraft or other property commits a misdemeanor of the second degrees and would be sentenced to pay a fine of $5,000-$10,000, to undergo imprisonment of at least 30 days, and to undergo evaluation for substance abuse in some instances.

Effective in 90 days

11

July 5

HB 136

Amends The Second Class Township Code by adding that a board of supervisors may make appropriations to nonprofit watershed associations for watersheds serving the township. Such appropriations may not be used for litigation against any municipal corporation or to seek redress against any individual landowner.

Effective in 60 days

12

July 5

HB 157

Amends The County Code further providing for the authorization of excise tax, for the authorization of the hotel tax and for hotel room rental tax; providing penalties for failure to timely remit hotel taxes and excise taxes imposed in certain counties of the third class to the commonwealth; providing for a hotel room rental tax in certain third class counties; and repealing the hotel room rental tax act. The legislation adds that the tourist promotion agency must submit annual audited reports on the income and expenditures of the revenues for each tax to the county commissioners. The use of the revenues from the excise and hotel tax have been expanded to include: convention promotion; marketing the area as both a leisure and business travel destination; using all appropriate marketing tools to accomplish advertising, publicity, publications, direct marketing, direct sales, and participation in industry trade shows; projects or programs that are directly and substantially related to tourism within the county, and do not unduly compete with private sector tourism efforts; and any other tourism marketing or promotion program considered necessary by the tourist promotion agency. The time span for being a permanent resident was shortened from 60 to 30 days. Also, in third class counties with a 1990 population of 415,000-500,000, a penalty of 1.5% per month would be imposed for failure to timely remit the tax. In addition to other remedies available for collection of debts, the county may also file a lien upon the hotel in the name of and for the use of the county as provided by law for municipal claims. Certain third class counties are authorized to impose a hotel room rental tax of 4% on the consideration received by each operator of a hotel within the county from each transaction of renting a room or rooms to accommodate temporary residents. Monies received from the tax would be distributed as follows: (1) each county would within ten days of receipt transmit 68.75% of the money collected to the regional tourist promotion agency; (2) each county would retain 18.75% of the money collected for the further development of tourism facilities and for community development initiatives within that county that enhance regional tourism; and (3) each county would retain 12.5% of the money collected for the further development of facilities and for marketing purposes within that county to enhance regional tourism.

Effective immediately, with exceptions

13

July 5

HB 266

Amends The Borough Code by adding that a borough would have the specific power to appropriate money to nonprofit watershed associations for watersheds serving the borough. Such appropriations may not be used for litigation against any municipal corporation or to seek redress against any individual landowner.

Effective in 60 days

14

July 5

HB 267

Amends The First Class Township Code by adding that a township would have the specific power to appropriate money to nonprofit watershed associations for watersheds serving the township. Such appropriations may not be used for litigation against any municipal corporation or to seek redress against any individual landowner.

Effective in 60 days

15

July 5

HB 271

Act authorizing the Pennsylvania Fish and Boat Commission to convey a portion of a Project 70 tract of land in the Township of North Newton, Cumberland County, under certain conditions, to the Township of North Newton, a municipal corporation of the Commonwealth of Pennsylvania; and authorizing the Pennsylvania Fish and Boat Commission to convey a portion of a Project 70 tract of land in the Township of West Pennsboro, Cumberland County, under certain conditions, to the Township of West Pennsboro, a municipal corporation of the Commonwealth of Pennsylvania.

Effective immediately

16

July 5

HB 279

Amends the Pennsylvania Municipal Retirement Law applying the law to calendar years 1995-2005.

Effective in 60 days

17

July 5

HB 398

Amends the act entitled "An act creating and establishing the Legislative Data Processing Committee: providing for its membership; prescribing its powers, functions and duties; and making an appropriation," further providing for the Legislative Data Processing Committee by adding that the Parliamentarian would be a member of the Committee instead of the Chief Clerk.

Effective immediately

18

July 5

HB 399

Amends Title 54 (Names) further providing for divorcing and divorced person and surviving spouse to resume prior name by adding that such spouses may resume a prior name at any time by filing a written notice with the prothonotary of the county where the spouse resides. Currently such requests are filed with the clerk of courts of common pleas.

Effective in 60 days

19

July 5

HB 887

Amends Title 34 (Game) by adding that resident military personnel hunting licenses would be issued to a person who is a former prisoner of war. A former prisoner of war would be entitled to purchase a resident hunting license at the cost of $1 plus the current issuing fee upon application to the commission.

Effective immediately

20

July 5

HB 1076

Amends Title 34 (Game) by providing for Pennsylvania National Guard and Reserve Armed Forces hunting licenses. These licenses may be issued to any person otherwise eligible for a resident hunting license in PA who provides documentation that within the previous 24 months the person was deployed overseas as a member of the Pennsylvania Army National Guard, Air National Guard or Reserves on active federal service for a period of 180 consecutive days or more or was released early from such service because of an injury or disease incurred in the line of duty. Only one Pennsylvania National Guard hunting license may be issued for each qualifying deployment of a person applying for the license. The Pennsylvania National Guard and Reserves hunting license would cost $1.

Effective immediately

21

July 5

HB 1077

Amends Title 30 (Fish) by reducing the cost of a fishing license for National Guard members and Reserve Armed Forces members to $1. These licenses may be issued to any person otherwise eligible for a resident fishing license in PA who provides documentation that within the previous 24 months the person was deployed overseas as a member of the Pennsylvania Army National Guard, Air National Guard or Reserves on active federal service for a period of 180 consecutive days or more or was released early from such service because of an injury or disease incurred in the line of duty. Only one Pennsylvania National Guard hunting license may be issued for each qualifying deployment of a person applying for the license.

Effective immediately

22

July 5

HB 1589

Amends the Medicare Hospital Service Payment Designation Act further providing for designation of hospitals by adding that for purposes of payments to hospital for inpatient or outpatient hospital services under the Social Security Act, the following are designated as rural hospitals: (1) hospitals designated as Medicare-dependent hospitals as of April 30, 2002, or critical access hospitals as of December 31, 2005; (2) hospitals located in a census tract with rural-urban commuting area codes 4 through 10 established by the united states department of agriculture; and (3) hospitals with 50 or fewer beds that serve at a minimum 70% Medicare patient population and demonstrate service to individuals from federally designated health professional shortage areas.

Effective immediately

23

July 5

HB 1745

Act authorizing and directing the Department of General Services, with the approval of the Governor, to convey tracts of land and buildings, consisting of a portion of the former Laurelton Center, located in Hartley Township, Union County, Pennsylvania; authorizing the Department of Transportation to convey to Montour County two tracts of land situate in the Borough of Danville, Montour County, Pennsylvania; and making a related repeal.

Effective immediately

24

July 5

SB 126

Act designating a certain bridge carrying State Route 322 over Conestoga River in Earl Township, Lancaster County as the Representative Leroy M. Zimmerman Memorial Bridge.

Effective in 60 days

25

July 5

SB 141

An Act designating a bridge in Westtown Township, Chester County, the L. Charles Scipione Bridge.

Effective in 60 days

26

July 5

SB 158

Act adding a certain portion of the Bayfront Parkway in the City of Erie, Erie County, to the State Highway System, and transferring to the City of Erie a certain State road.

Effective in 60 days

27

July 5

SB 248

Amends an act entitled "An act to validate conveyances and other instruments which have been defectively acknowledged," extending the date for validation of certain conveyances and other instruments to 2005 from 1996. The legislation would not apply to currently pending lawsuits.

Effective in 60 days

28

July 5

SB 457

Amends the Third Class City Code by adding that in any city governed by the act, a beneficiary serving in an elective city office would not be prohibited from receiving a pension for any month in which he or she does not accept a salary from serving in the elective office.

Effective in 60 days

29

July 5

SB 511

Amends the Job Enhancement Act by adding that the contribution period of an "approved plan" may last up to 36 months (increased from 24 months). Additionally, "saver" is redefined to include an individual or family whose income is not more than 80% of area median income. A match which has not been paid for an eligible use within five years (increased from three) at the end of the contribution period would be returned to the Commonwealth. "Emerging technology company" is redefined to include a company located in PA that which is less than eight years (increased from six years) from incorporation. Additionally, the list of approved courses of study for the Technology Work Experience Internship Program would be the same for undergraduate students as is currently required under the New Economy Technology Scholarship Act and master's degree students would be eligible for the program.

Effective immediately

30

July 5

SB 584

Amends Title 18 (Crimes and Offenses) creating the offense of disarming a law enforcement officer, which is when a person: (1) removes or attempts to remove a firearm, rifle, shotgun or weapon from the person of a law enforcement officer or corrections officer, or deprives a law enforcement officer or corrections officer of the use of a firearm, rifle, shotgun or weapon, when the officer is acting within the scope of the officer's duties; and (2) has reasonable cause to know that the individual is a law enforcement officer or corrections officer. A violation of the offense would be a felony of the third degree.

Effective in 60 days

31

July 5

SB 600

Act authorizing the release of Project 70 restrictions imposed on certain land owned by Indiana County, being conveyed by the county in return for the imposition of Project 70 restrictions on certain land being conveyed to the county by the Department of Transportation.

Effective immediately

32

July 5

SB 677

Act designating a portion of State Route 322 in Delaware County as the Senator Clarence D. Bell Memorial Highway.

Effective in 60 days

33

July 5

SB 688

Act authorizing the Department of General Services, with the approval of the Governor and the Department of Environmental Protection, to grant and convey to Erie-Western Pennsylvania Port Authority certain lands situated in the city of Erie, county of Erie. The legislation states that no portion of the parcels conveyed would be used as the location for a licensed gaming entity or similar type facility.

Effective immediately

34

July 5

SB 697

Act authorizing and directing the Department of General Services, with the approval of the Governor, to grant and convey to Basalt Trap Rock Company, a Pennsylvania company, or its assigns, certain lands, situate in Morgan and Franklin Townships, Greene County, Pennsylvania; authorizing The Department of General Services, with the concurrence of the Department of Environmental Protection, to lease to Pier 25 North Associates Limited Partnership land within the bed of the Delaware River in the City of Philadelphia; and authorizing the Department of Transportation to convey to Montour County two tracts of land situate in the Borough of Danville, Montour County, Pennsylvania.

Effective immediately

35

July 5

SB 721

Amends Title 74 (Transportation) designating a portion of State Route 6 in Wyoming County as a scenic byway; and designating a certain portion of State Route 92 in Susquehanna County as a scenic byway.

Effective in 60 days

36

July 5

SB 722

Amends the Storage Tank and Spill Prevention Act by making the registration fees paid by the tank owners permanent until December 31, 2009. The bill also allows DEP to be reimbursed, through the Underground Storage Tank Fund, for administrative costs (this is currently forbidden) and for investigation and closure costs (up to $3 million annually). Finally, it extends the expiration of the additional allocation to June 30, 2007, whereas currently it expires June 30, 2005.

Effective immediately

37

July 5

SB 724

Amends Title 75 (Vehicles) implementing the Federal Motor Carrier Safety Improvement Act of 1999.

Effective 90 days after publication of a notice in the PA Bulletin.

38

July 6

HB 1646

Amends Title 3 (Agriculture) providing for a prohibition against unauthorized local government unit actions; establishing a cause of action for unauthorized enactment or enforcement of local ordinances governing normal agricultural operations; providing for duties of the Attorney General and for hearings; further providing for scope, for legislative purpose, for definitions and for administration; providing for manure application; further providing for nutrient management and odor management certification; providing for odor management plans; further providing for the Nutrient Management Advisory Board, for financial assistance, for unlawful conduct, for civil penalties and for local preemption; providing for other statutes and for regulations; and making a related repeal. This is the Rendell Administration's Agriculture, Communities and Rural Environment (ACRE) initiative.

Effective immediately, with exceptions

39

July 6

SB 462

Amends the Liquor Code further providing for sales by Pennsylvania liquor stores, for authority to issue liquor licenses to hotels, restaurants and clubs, for sales by liquor licensees regarding Sunday sales, for sale of malt or brewed beverages by liquor licensees, for malt and brewed beverages retail licenses, for retail dispensers' restrictions on purchases and sales, for revocation and suspension of licenses, for renewal of amusement permits, for the point system for certain licensees and for the assessment of points for noncompliance; providing for renewal of permit for sales for off-premises consumption in cities of the first class; further providing for unlawful acts relative to malt or brewed beverages and licensees; and providing for hours of operation relative to manufacturers, importing distributors and distributors and for unlawful acts relative to liquor, malt and brewed beverages and licensees.

Effective in 60 days, with exceptions

40

July 7

HB 176

Amends the Tax Reform Code further providing, in sales and use tax, for alternate imposition; providing, in personal income tax, for definitions, for classes of income and for contributions to the Olympics; providing, in personal income tax, for contributions for military family relief assistance and for operational provisions; further providing, in personal income tax, for additions, penalties and fees; further providing, in corporate net income tax, for definitions; further providing, in capital stock franchise tax, for definitions and reports; further providing, in realty transfer tax, for determination and notice; providing, in realty transfer tax, for sharing information; further providing, in local real estate transfer tax, for imposition and for administration; providing, in local real estate transfer tax, for regulations, for documentary stamps, for collection agents, for disbursements, for proceeds of judicial sale, for failure to affix stamps, for determination and notice of tax, for liens, for refunds, for civil penalties, for unlawful acts and penalties and for information; further providing, in the research and development tax credit, for definitions and for Pennsylvania S Corporation pass-through; further providing, in the film production tax credit, for definitions and for credit for qualified film production expenses; providing, in the film production tax credit, for credits; further providing in the film production tax credit, for disposition and for limitation; providing, in the film production tax credit, for penalties; further providing, in the film production tax credit, for pass-through entities and report; further providing, in the neighborhood assistance tax credit, for grant; further providing, in general provisions, for bad checks; providing, in general provisions, for electronic transmissions and for reimbursement for costs of collection; continuing ordinances and resolutions relating to real property tax transfers; and making repeals.

Effective immediately with exceptions

41

July 7

HB 182

Amends the Fiscal Code further providing for transfer of certain funds from the General Fund to the Budget Stabilization Reserve Fund; reenacting provisions relating to the Tobacco Settlement Fund; further providing for deposits and for expiration; and providing for investment powers for the State Workers' Insurance Board and for payment of certain administrative expenses and claims from the State Lottery Fund. The legislation states if the Secretary of the Budget certifies that there is a surplus in the General Fund for the fiscal year 2004-2005, 15% of the surplus would be deposited by the end of the next succeeding quarter into the Budget Stabilization Reserve Fund. Additionally, for FY 2005-06, the funds derived pursuant to section 303(b)(4) of the Tobacco Settlement Act during fiscal year 2004-2005 would be deposited into the Tobacco Settlement Fund. One-fourth of the moneys appropriated pursuant to section 306(b)(1)(iii) of the Tobacco Settlement Act may not be expended, transferred or lapsed, but must remain in the Tobacco Settlement Fund and one-eighth of the funds appropriated pursuant to section 306(b)(1)(vi) of the Tobacco Settlement Act may not be expended, transferred or lapsed, but must remain in the Tobacco Settlement Fund. The legislation also adds that the State Workers' Insurance Board's power to invest money would include the power to hold, purchase, sell, assign, transfer and dispose of securities, including common stock with certain restrictions. Lastly, the legislation authorizes certain administrative expenses to be paid from the State Lottery Fund.

Effective immediately

42

July 7

HB 1168

Amends the Public Welfare Code providing for use of medical expenses to establish medical assistance eligibility, for lifetime limit on unpaid medical expenses, for penalty period for asset transfer, for treatment of life estates and annuities, for community spouse income, for eligibility for home and community-based services, for verification of eligibility and for eligibility redetermination of persons for medical assistance; further providing for medical assistance payments for institutional care, for other medical assistance payments, for reimbursement for certain items and services and for relatives' responsibility; providing for medical assistance benefit packages, for coverage, copayments, premiums and rates, for definitions of limited applicability, for rebates, for pharmacy management systems, for enrollment limitation and for established drug regimens; further providing for other computations affecting counties, for special provider participation requirements and for third-party liability; and providing for data matching, for special needs trusts, for a health insurance premium payment program and for parity in insurance coverage for State-owned psychiatric hospitals.

Effective immediately

43

July 7

SB 86

Amends Title 23 (Domestic Relations) consolidating the support law. The legislation also provides for disposition of complaints received by allowing complaints of child abuse occurring in other states where the child victim is identified as a resident of Pennsylvania and the other state child protective services agency cannot investigate the report because of statutory or policy limitations to be assigned to the county of the child's residence. Information obtained by the county will be shared with the other state's child protective services agency within seven days of the completion of the investigation.

Effective immediately

44

July 7

HB 1521

Amends Titles 42 (Judiciary and Judicial Procedure), 46 ( Legislature) and 71 (State Government) providing for compensation of elected and appointed officials. The legislation ties the salaries of elected and appointed official to federal salaries. This is the legislative pay raise bill.

Effective immediately

45

July 13

HB 3

Amends Title 27 (Environmental Resources) to implement an environmental bond program enabling the Commonwealth to borrow up to $625 million over six years. The funds would be deposited into the Growing Greener Bond Fund to be allocated as follows:

  • $230 million to DEP for watershed protection, acid mine drainage remediation and mine cleanup, oil and gas well plugging, advanced energy projects, flood protection, geological hazard mitigation and brownfields remediation
  • $217.5 million to DCNR for improvements to State park and State forests, community park and recreation grants and open space preservation
  • $80 million to Department of Agriculture for farmland preservation
  • $50 million to DCED for Main Street and downtown redevelopment
  • $47.5 million to the Fish and Boat Commission and the Game Commission for capital improvements to existing lands and facilities

Up to $90 million allocated to various agencies will be available for projects designated by the counties and up $20 million in FY '05-'06 and $30 million in FY '06-'07 will be deposited in the Hazardous Sites Cleanup Fund. Additionally, the Commonwealth will annually spend $60 million for debt and principal payments. Each department and agency receiving funds are required to publish a report of all projects funded by that department or agency. Lastly, the sunset date on the $4 per ton disposal fee is repealed.

Effective immediately

46

July 13

HB 628

Amends the Public School Code further providing, in school finances, for annual budget, and in teacher certification, for program of continuing professional development; providing for, in teacher certification, evaluation of applicants; further providing, in pupils and attendance, for fixing the cost of certain tuition, for cost of tuition and maintenance of certain exceptional children in approved institutions and in chartered schools for the education of the deaf and the blind; further providing for educational assistance program and educational support services, for definitions, for notification and for the program; further providing, in Head Start supplemental assistance, for definitions, for the program and for priority in funding; providing for opportunities for educational excellence through concurrent enrollment; further providing, in education empowerment, for education empowerment districts and for mandate waiver program, and, in community colleges, for definitions, for financial program and for payment reimbursement; providing, in community colleges, for establishment of the Community College Capital Fund and for annual reports; further providing, in the State System of Higher Education, for annual audits and, in educational improvement tax credit, for qualification and application and for limitations on amount of tax credits; further providing, in school district reimbursement, for definitions, for small district assistance and for temporary special aid; providing for basic education funding for 2004-2005 school year; further providing for payments on account of limited English proficiency programs, for payments to intermediate units and for special education payments; providing, in school district reimbursement, for effect of failure to file certain reports; further providing, in school district reimbursement, for approved reimbursable rental for leases and sinking fund and for Pennsylvania Accountability Grants; and making an inconsistent repeal relating to the Workforce Development Act.

Effective immediately with exceptions

47

July 14

HB 86

Act authorizing the Department of Conservation and Natural Resources on behalf of the Commonwealth to agree to hold and save the United States Army Corps of Engineers free from certain damages arising from certain construction projects.

Effective immediately

48

July 14

HB 107

The Health Savings Account Act excludes from taxation any income of a health savings account, any amount paid out of a health savings account that is used to pay the qualified medical expenses of the account beneficiary, and any amount paid out of a health savings account that is used to reimburse an account beneficiary for qualified medical expenses. The following would be subject to taxation: (1) any amount paid out of a health savings account that is used for any purpose other than to pay the qualified medical expenses of the account beneficiary, (2) any excess contribution distribution that has not previously been included in the account beneficiary's income, or (3) any amount of the account beneficiary's income attributable to an excess contribution distribution.

Effective in 60 days

49

July 14

HB 139

Amends Title 53 (Municipalities Generally) codifying the Optional County Affordable Housing Funds Act by adding Chapter 60, "Optional Affordable Housing Funding," which provides a method for counties and cities of the first class (Philadelphia) to raise revenues at the local level to enable residents to purchase, rent or maintain quality residential housing. The legislation authorizes counties of the second, second A, third, fourth, fifth, sixth, seventh or eighth class (but NOT first class counties) to increase the fees charged by the recorder of deeds for recording deeds and mortgages up to 100% of the amounts charged on February 12, 1993. Monies collected from the fee would be reserved for affordable housing efforts in the county. First class cities are authorized to charge an affordable housing program fee for recording deeds and mortgages and other related mortgage documents, up to 100% of the amounts charged by a city of the first class for recording deeds and mortgages and other related documents on January 31, 2005. Monies would be used to fund affordable housing efforts in the city. The legislation outlines rules and exceptions.

Effective in 60 days

50

July 14

HB 489

Amends Title 75 (Vehicles) further defining "emergency vehicle"; further providing for application for certificate of title, for transfer of ownership of vehicle and for application for certificate of title by agent; providing for certain veterans plates; further providing for suspension of registration of unapproved carriers and for surrender of registration plates and cards upon suspension of revocation; providing for suspension of registration plates upon sixth unpaid parking violation in cities of the first class and for motor vehicle liability insurance for motorcycle marshals; and further providing for reinstatement of operating privilege or vehicle registration, for automated red light enforcement systems in first class cities, for operation of vehicle without official certificate of inspection, for conditions of permits and security for damages, for permit for movement of containerized cargo, for impoundment of certain vehicles and combinations for nonpayment of fines, for immobilization, towing and storage of vehicle for driving without operating privilege or registration, for disposition of impounded vehicles, combinations and loads, for prohibitions on ATV operation by persons under age 16 and for refunds of tax imposed upon liquid fuels or certain other fuels.

Effective immediately with exceptions

51

July 14

HB 612

Amends the Pennsylvania Infrastructure Investment Authority Act by stating that the term "project" would include security measures. "Security measures" are defined as infrastructure improvements to publicly or privately owned water or wastewater systems designed in whole or in part for the protection of the collection, treatment and distribution of potable water and treatment of wastewater from threats and vulnerabilities to ensure the public health of the systems' customers, in accordance with the Environmental Protection Agency's Drinking Water State Revolving Fund Program and the Clean Water State Revolving Fund Program. The term also includes any funds or accounts administered by the authority.

Effective in 60 days

52

July 14

HB 823

The Capital Budget Act of 2005-2006 provides for Public Improvement Projects ($355,000,000), Transportation Assistance Projects ($150,000,000), Redevelopment Assistance Projects ($165,000,000), Flood Control Projects ($22,000,000) and certain public highway projects ($3,433,000).

Effective immediately

53

July 14

HB 1304

Amends The Library Code providing for fiscal year waiver of standards by adding that if the Commonwealth's appropriation for libraries in fiscal years 2005-2006 is less than that provided in fiscal year 2002-2003, the State Librarian may waive standards relating to hours of operation, continuing professional development, collections expenditures and any other standards related to library operations deemed appropriate by the State Librarian for the fiscal year. Additionally, the legislation states that each library would be eligible for state-aid for fiscal year 2005-2006 which would consist of the following: (1) an amount equal to the state-aid allocation for fiscal year 2004-05, (2) an aid to local libraries supplement, and (3) a district center restoration supplement. The legislation outlines the formulas for deriving the amount of the supplements.

Effective immediately

54

July 14

HB 1650

Amends Title 30 (Fish) creating a one-day tourist fishing license, which would be available for $25. One-day resident fishing licenses would be available to residents for $10. One-day licenses would be available for a 24-hour period, as specified by the licensee. Currently one-day licenses are valid from 12:01 a.m. to midnight.

Effective immediately

55

July 14

SB 147

Amends the Public School Code by adding that a school district or school identified for warning, school improvement or corrective action would be eligible for technical assistance from the Department of Education. Within ten days of a request from the board of school directors of an eligible school district, the Department of Education would provide technical assistance to the school district or any school within the school district identified for warning, school improvement or corrective action. Such technical assistance would include, but would not be limited to: (1) Assistance to analyze data from the PSSA test or any other test established by the State Board of Education for the purpose of assessing student progress toward or attainment of an academic performance target; (2) Assistance to identify and implement professional development and instructional strategies and methods to improve the academic performance of students in subject areas for which an academic performance target has been established and has not been met; (3) Assistance to analyze the school district's budget or parts thereof to enable the school district to more effectively allocate its resources; (4) Identification, training and assignment of educational advisors to schools eligible for school improvement or corrective action; and (5) Identification and implementation of professional development and instructional strategies and methods to improve the academic performance of students who are classified as students with disabilities, as limited English proficient students or as students who have been enrolled in a school district for less than two school years. The Department of Education would establish a clearinghouse of information related to specific strategies for improving the academic performance of students in eligible school districts, including best practices, methods and instructional strategies based on scientific research.

Effective in 60 days

56

July 14

SB 406

Act designating SR 65 in the vicinity of Leetsdale, Allegheny County, as the James E. Russo Highway; designating the bridge carrying State Route 2096 over the Youghiogheny River in the City of McKeesport, Allegheny County, as the Senator Albert V. "Bud" Belan Bridge; designating the SR 0322 bridge over the Swatara Creek between Derry and Swatara Townships in Dauphin County as the Major Richard D. Winters Bridge; designating the bridge on the portion of SR 222 southbound, crossing the Conestoga River in Lancaster County, as the AMVETS POW-MIA Memorial Bridge; designating the Sproul State Forest in Clinton County as the "Russell P. Letterman Wild Area"; and designating a section of State Route 22 in Mifflin County as the Vietnam Veterans Memorial Highway.

Effective in 60 days

57

July 14

SB 565

Amends the County Code further providing for qualifications, eligibility and compensation for district attorneys by adding that a district attorney must be a resident of the county, at least 25 years of age, a citizen of the United States, admitted to practice as an attorney before the Supreme Court of PA for at least one year prior to taking the oath of office, and a resident of the county for which he/she is elected or appointed for one year preceding the election or appointment. The bill also adds provisions making part-time district attorneys of counties of the third, fourth, fifth, sixth and seventh class full time. Also, in counties of the eighth class, the district attorney would be full-time under certain qualifications. The Commonwealth would annually reimburse each county with a full-time district attorney an amount equal to 65% of the district attorney's salary. Lastly, several related repeals are made.

Effective immediately

58

July 14

SB 706

Act designating the Main Street Bridge in Butler, Butler County, Pennsylvania, as the General Richard Butler Bridge.

Effective in 60 days

59

Oct. 6

HB 875

Amends the Emergency and Law Enforcement Personnel Death Benefits Act further providing for death benefit eligibility by adding that a firefighter, ambulance service or rescue squad member, law enforcement officer or National Guard member who suffers a fatal heart attack or stroke while on duty or not later than 24 hours after participating in a physical training exercise or responding to an emergency is presumed to have died as a result of the performance of his duties. The State would, from moneys payable out of the General Fund, pay to the political subdivision the sum of $100,000 (increased from $50,000). Additionally, the surviving spouse or, if there is no surviving spouse, the minor children, of a National Guard member, State police officer or other law enforcement officer of the Commonwealth who died as a result of the performance of his/her duties would be paid the sum of $100,000 (increased from $50,000).

Effective in 60 days with exceptions

60

Oct. 6

HB 1261

Amends Title 51 (Military Affairs) prohibiting any insurer from, because of the deferral of insurance coverage, canceling, non-renewing, imposing a surcharge or a rate penalty or removing any premium discount on any insurance coverage upon reinstatement of the member's coverage.

Effective immediately

61

Nov. 1

HB 619

Amends the Agricultural Area Security Law further providing for definitions, for agricultural security areas and for purchase of agricultural conservation easements. The bill would include viable agricultural land used for commercial equine activity within an agricultural security area.

Effective in 60 days

62

Nov. 1

HB 1069

Amends Title 51 (Military Affairs) stating that Commonwealth employees who are members of the Pennsylvania National Guard would be entitled to leaves of absence from their respective duties without loss of pay, time or efficiency rating on all days during which they are, as members of any reserve component of the armed forces of the US, be engaged in active duty, training or other military duties under federal or state law. The legislation includes certain restrictions. Additionally, the Act of July 12, 1935 (P.L.677, NO.255), entitled "An Act to fix the status of officers and employees of the Commonwealth and political subdivisions thereof while in training with the Armed Forces of The United States," is repealed.

Effective immediately

63

Nov. 1

HB 1435

Amends Title 18 (Crimes and Offenses) creating Subchapter D entitled "Unlawful use of Computers," which makes computer-assisted remote harvesting of animals a third degree misdemeanor. "Computer-assisted remote harvesting of an animal" is defined as the use of a computer or software, to control remotely the aiming and discharge of any implement that allows a person who is not physically present at the location of that implement, to harvest an animal located in PA.

Effective in 60 days

64

Nov. 10

HB 746

Amends Title 18 (Crimes and Offenses) by adding that unless the circumstances reasonably indicate that the child is in need of assistance, a person who lures or attempts to lure a child into a motor vehicle or structure without the consent of the child's parent or guardian commits a first-degree misdemeanor. The legislation also states that it would be an affirmative defense to a prosecution under this section that the person lured or attempted to lure the child into the structure for a lawful purpose.

Effective in 60 days

65

Nov. 10

HB 1179

Amends Title 51 (Military Affairs) establishing the Military Family Relief Assistance Fund. All money received from the voluntary contribution system established on the personal income tax return form would be deposited in the fund. The bill states that applicants must demonstrate to the department that they have a direct and immediate financial need as a result of the military service of the service member. Such circumstances must be beyond the control of, and not as a result of misconduct by, the service member. The bill states the department would, in consultation with the chairmen the House and Senate Appropriations Committees and the chairmen of the House and Senate Veterans Affairs and Emergency Preparedness Committees, develop guidelines necessary to administer the provisions of this section. The bill states the General Assembly may appropriate funds for transfer to the fund for the purposes of this section. Lastly, this section would expire in five years from the effective date.

Effective immediately

66

Nov. 10

HB 1717

Amends Titles 18 (Crimes and Offenses) and 23 (Domestic Relations) further providing for persons not to possess, use, manufacture, control, sell or transfer firearms, for firearms not to be carried without licenses, for licenses, for loans, lending or giving of firearms, for definitions, for jurisdiction, for full faith and credit and foreign protection orders, for responsibilities of law enforcement agencies, for commencement of proceedings, for hearings and for relief; providing for return of relinquished firearms, other weapons and ammunition, for relinquishment for consignment sale or lawful transfer, for relinquishment to third party for safekeeping and for registry or database of firearm ownership; further providing for emergency relief by minor judiciary, for arrest for violation of order, for private criminal complaints for violation of order or agreement, for contempt for violation of order or agreement and for procedures and other remedies; and providing for immunity, for inability to pay and for limitation on warrantless searches.

Effective immediately with exceptions

67

Nov. 10

SB 361

Amends the Public School Code further providing for home education programs by adding that beginning January 1, 2006, the school district of residence must permit a child who is enrolled in a home education program to participate in any activity, provided that the child: (1) meets the eligibility criteria for participation in the activity that apply to students enrolled in the school district; (2) meets the tryout criteria for participation in the activity that apply to students enrolled in the school district; and (3) complies with all policies, rules and regulations of the governing organization of the activity. The bill also states that where the activity requires completion of a physical examination or medical test as a condition of participation and the school district of residence offers such physical examination or medical test to students enrolled in the school district, the school district would permit a child who is enrolled in a home education program to access such physical examination or medical test. A board of school directors may adopt a policy to implement the requirements of this subsection. The bill also deletes Section 1743-A related to cyber charter school requirements and prohibitions.

Effective immediately

68

Nov. 16

HB 127

The Resource Family and Adoption Process Act states that a resource family parent or parents would be given an interview with the appropriate county or private agency when all of the following occur: (1) the county or private agency that placed the child with that resource family has changed the child's goal from foster care to adoption, (2) the resource family parent is interested in becoming an adoptive resource for that child, and (3) the child has resided with that resource family for six months or more. In addition to information obtained from interviews of other prospective adoptive families, the interviewing agency would convey information obtained from the interview with the resource family parent, to the county agency responsible for making the determination as to adoptive placement of the child. Lastly, the bill states DPW may promulgate regulations as necessary to implement this act.

Effective in 60 days

69

Nov. 16

HB 761

Amends Title 18 (Crimes and Offenses) and Title 42 (Judiciary) further providing for the offense of invasion of privacy. The bill states that a person commits the offense of invasion of privacy if he/she, for the purpose of arousing or gratifying the sexual desire of any person, knowingly: (1) views photographs, electronically depicts, films or otherwise records another person without that person's knowledge and consent while that person is in a state of full or partial nudity and is in a place where the person would have a reasonable expectation of privacy, (2) views, photographs, videotapes, electronically depicts, films or otherwise records the intimate parts of another person, whether or not covered by clothing or undergarments, which that person does not intend to be visible by normal public observation without that person's knowledge and consent, or (3) transfers or transmits an image obtained by live or recorded telephone message, electronic mail, the Internet or by any other transfer of the medium on which the image is stored. The bill also adds that no person would have a cause of action against a manufacturer of a device or a provider of a product or service that is used to invade a person's privacy.

Effective in 60 days

70

Nov. 16

HB 1361

Amends the Community Services Block Grant Act extending the expiration date of the Act to December 31, 2001 from December 31, 2006.

Effective immediately

71

Nov. 16

HB 1743

Amends the Second Class County Code by adding that reassessments, revaluations or changes in ratio in counties of the second class (Allegheny) must equal, in the case of any political subdivision, the total amount of the property tax revenue received in the previous year. Under current law, the reassessment may not exceed 105% of the total revenue. The legislation also states, after establishing a tax rate, a political subdivision may establish a final tax rate for the first year it levies its real estate taxes on a revised assessment. The tax rate would limit the total amount of property tax revenue received as a result of the reassessment not to exceed 105% of the total amount of property tax revenue received in the preceding year. The legislation also provides for effect of appeal, escrow, and payment under protest in second class counties.

Effective immediately

72

Nov. 16

HB 1956

Repeals the act entitled "an act amending Titles 42 (Judiciary and Judicial Procedure), 46 (Legislature) and 71 (State Government) of the Pennsylvania Consolidated Statutes, providing for compensation; and making an inconsistent repeal." This act repeals the legislative, judicial and executive pay raises.

Effective immediately

73

Nov. 22

HB 1579

The Resource Family Care Act establishes certain responsibilities of county and private agencies regarding resource families. Among the several responsibilities, agencies would provide notification of scheduled meetings by the county or private agency by the county or private agency concerning a child residing with a resource family, support services, and information about the child. "Resource family" is defined as a family which provides temporary foster or kinship care for children who need out-of-home placement and may eventually provide permanency for those children, including a foster or adoptive family. All resource families would be given a copy of the responsibilities enumerated in this act by the appropriate county or private agency upon approval as a resource family.

Effective in 60 days

74

Nov. 22

HB 1606

The Pennsylvania Breast and Cervical Cancer Early Screening Act establishes the PA Breast and Cervical Cancer Early Screening Program to provide for the availability of annual breast cancer and cervical cancer screening services for low-income underinsured and uninsured women who are 40-49 years of age.

Effective July 1, 2006

75

Nov. 22

SB 932

Amends the act entitled "An act authorizing and directing the Department of General Services, with the approval of the Governor, to grant and convey to Erie- Western Pennsylvania Port Authority and to Robert L. and Karen N. Doutt, Leona B. Disbrow, Louise F. Waller, Mary Schabacker, Paul D. and Mary Ann Brugger, and Ralph and Janet Toland, Sr., certain lands situate in the City of Erie, County of Erie; authorizing the Department of General Services, with the approval of the Governor, to grant and convey to Derry Township Municipal Authority a certain easement for sanitary sewer purposes, together with an existing sanitary sewer line and appurtenances, situate in Derry Township, Dauphin County; authorizing and directing the Department of General Services, with the approval of the Governor, to grant and convey to Summerdale Associates, L.P., certain lands situate in the Township of East Pennsboro, County of Cumberland; and authorizing and directing the Department of General Services, with the approval of the Department of Military and Veterans Affairs and the Governor, to grant and convey to the Borough of Doylestown certain lands situate in the Borough of Doylestown, Bucks County," further providing for conveyance to the Borough of Doylestown, Bucks County.

Effective immediately

76

Nov. 23

HB 1400

Amends Title 18 (Crimes and Offenses) expanding the definition of indecent assault and more thoroughly delineating the grading of the offense.

Effective in 60 days

77

Nov. 23

HB 1509

Act authorizing the Department of General Services, with the approval of the Governor, to grant and convey to F & L Group, Inc., an access and utility easement across certain lands situate in the Hempfield Township, Westmoreland County.

Effective immediately

78

Nov. 23

SB 260

The Interstate Insurance Product Regulation Compact Establishment Act joins PA with other states in an effort to establish an interstate compact to regulate designated insurance products. The legislation extensively outlines the terms of the compact.

Effective in 60 days

79

 

Dec. 13

 

HB 1057

The Retired Law Enforcement Identification Act states that a retired law enforcement officer would be eligible for a qualification card if the law enforcement officer resides in PA or retired from a law enforcement agency of PA or any political subdivision thereof. Qualification cards would be issued to indicate compliance with PA's standards for training and qualification for active law enforcement officers to carry a firearm. The bill states that any certified law enforcement firearms instructor may issue a qualification card to a retired law enforcement officer who has met PA's standards for training and qualification for active law enforcement officers to carry a firearm. A qualification card would not be valid without a confirmation number. The bill also states that a sheriff who complies in good faith with this section would be immune from liability resulting or arising from the action or misconduct with a firearm committed by an officer who has been provided a confirmation number from the sheriff. Lastly, information provided or maintained pursuant to this act would be confidential and would not be deemed a public record subject to disclosure under the Right-To-Know Law.

Effective in 60 days

 

80

Dec. 16

HB 163

Amends the Unemployment Compensation Law further providing for compensation rates by adding that no deductions may be made under the subsection for pensions paid under the Social Security Act (Public Law 74-271, 42 U.S.C. 301 et seq.), the Rail Road Retirement Act or other federal pension if the pension is contributed by the individual in any amount. Also, each eligible employee who is unemployed with respect to any week ending subsequent to July 1, 1980 would be paid, with respect to such week, compensation in an amount equal to his weekly benefit rate less the total of all of the vacation pay and severance pay. For purposes of this subclause, all of the following apply: (a) severance pay is attributed to the day, days, week or weeks immediately following the employee's separation; (b) the number of days or weeks to which severance pay is attributed is determined by dividing the total amount of severance pay by the regular full-time daily or weekly wage of the claimant; (c) the amount of severance pay attributed to each day or week equals the regular full-time daily or weekly wage of the claimant; and (d) when the attribution of severance pay is made on the basis of the number of days, the pay would be attributed to the customary working days in the calendar week.

Effective immediately

81

Dec. 16

HB 1539

Amends the Fiscal Code establishing the Emergency Energy Assistance Fund. The bill states that an amount equal to not more than 1.0 mill of the gross receipts tax collected during each fiscal year under the Tax Reform Code would be appropriated for the fiscal year July 1, 2005, to June 30, 2006, from the General Fund to the Emergency Energy Assistance Fund, to be administered by the Department of Public Welfare for State-funded emergency energy assistance if the Governor issues a declaration that either weather conditions, natural or man-made disasters, or high energy prices or a combination thereof are a threat to public health within PA and available Federal home energy assistance funds are not sufficient to meet this need. The Governor would publish this emergency declaration in the PA Bulletin along with the criteria and emergency regulations for this program and would transmit copies of the declaration to the chairmen of the House and Senate Appropriations Committees.

Effective immediately

82

Dec. 22

SB 358

Amends Title 51 (Military Affairs) defining "combat zone"; and further providing for limitations in education assistance program by adding that for any member who served on active duty in a combat zone, eligibility for such grants would be extended for a period a of one year or for one additional month for each month or part of month of such service, whichever is longer. For eligible members who were called to active Federal service or active State duty after September 11, 2001, the deadline for making grant payments would be extended for one additional month for each month or part of month of such service after the member is discharged or released under honorable conditions from the Pennsylvania National Guard.

Effective in 60 days

83

Dec. 22

SB 869

Amends Title 51 (Military Affairs) by requiring health insurance coverage to continue for National Guard members who are called to active duty while the member is a full-time student and is covered under his/her parent's health insurance coverage. Coverage must be extended for a period equal to the duration of the member's service on active duty and may not terminate because of the age of the eligible member when the member's educational program was interrupted because of military duty. To qualify for this extension, the member must (1) submit a form approved by the Department of Military and Veterans Affairs notifying the insurer that the eligible member has been placed on active duty, (2) submit a form approved by the Department of Military and Veterans Affairs notifying the insurer that the eligible member is no longer on active duty, and (3) submit a form approved by the Department of Military and Veterans Affairs showing that the student has reenrolled as a full-time student for the first term or semester starting after his or her release from active duty.

Effective in 60 days

84

Dec. 22

HB 1049

Amends the Barbers' License Law further providing for license application for barber-teacher, for examination and for requirements for operation of barber shops. The bill would allow barbershops that are currently required to operate under the supervision of a manager-barber to operate under the direction of a licensee designated to be in charge of the shop. A shop owner would designate a manager-barber or other licensee in charge of the shop. The name of the shop owner and the manager-barber or the designated licensee would be posted in a conspicuous place in the barber shop and the shop owner, manager-barber or designated licensee would be readily available to board inspectors during regular business hours. The bill requires that examinations be at least four times a year in the metropolitan areas of Philadelphia, Pittsburgh, Scranton, Harrisburg and Erie as determined by the Board. The bill deletes the requirement that applications be accompanied by a notarized statement from a licensed physician that the applicant was examined by the physician, a test of the applicant's blood was made and the results of that test and the applicant is free from all contagious and infectious diseases.

Effective in 60 days

85

Dec. 22

HB 1686

Amends Title 18 (Crimes and Offenses) by stating that an individual may not carry a paintball gun or a paintball marker in a vehicle on a highway unless all of the following apply: (1) the paintball gun or paintball marker is empty of encapsulated gelatin paintballs, (2) the propellant source on the paintball gun or paintball marker is disconnected, disabled or turned off, (3) the paintballs are stored in a separate and closed container, and (4) the paintball gun or paintball marker is in a secure wrapper and has a barrel blocking device installed; or is not readily or directly accessible from the passenger compartment of the vehicle. The bill further provides that no one may shoot another person with a paintball who is not playing paintball games nor may they shoot or deface personal, private or public property. The bill exempts paintball guns and markers from the definition of "air rifles."

Effective in 60 days

86

Dec. 22

HB 1690

Amends Title 34 (Game) further providing for unlawful devices and methods by providing an exception for any natural or manmade non-living bait or any decoy used to attract coyotes for hunting or trapping, any electrical or mechanical device used to attract coyotes for hunting, or any decoy used in the trapping or hunting of furbearers.

Effective in 60 days

87

Dec. 22

HB 1802

Amends the Capital Facilities Debt Enabling Act by adding that the capital budget bill does not need to specifically itemize projects if the itemization is contained in or approved by prior legislation referred to in the capital budget bill or included in one or more supplemental capital budget bills. Additionally, the maximum amount of redevelopment assistance capital projects undertaken by the Commonwealth for which obligations are outstanding may not exceed, in aggregate, $2,650,000,000 (increased from $2,150,000,000), of which $25,000,000 may be used for the construction of housing units. The bill also adds that "redevelopment assistance capital project" may include housing units. Lastly, the Secretary of the Budget is required to provide the Chairmen of the House and Senate Appropriations Committees with a report relating to the development assistance capital projects.

Effective Immediately

88

Dec. 22

HB 2041

Amends the Medical Care Availability and Reduction of Error (Mcare) Act further providing for the Patient Safety Authority; further providing for the Patient Safety Authority; reestablishing the Health Care Provider Retention Program and the Health Care Provider Retention Account; establishing the Commission on the Mcare Fund; and repealing provisions relating to the Health Care Provider Retention Program and the Health Care Provider Retention Account in the Public Welfare Code.

Effective Immediately

89

Dec. 22

SB 394

Amends the Municipal Police Pension Law further providing for payments under existing pension plans for service increments to pensions of police officers by stating that any borough, town, township or regional police department may establish and pay length of service increments for years of service beyond 25 years for each completed year of service in excess of 25 years, not to exceed $100 per month for each completed year of service in excess of 25 years up to a maximum of $500 per month after five completed years of service in excess of 25 years. Further provides any provision of section 5(c) of the act that provides that pensions would be computed at one-half the monthly average salary would not apply to employees hired prior to January 24, 2001, of a municipality or regional police department operating under a home rule charter adopted in accordance the 53 Pa.C.S. Pt, III Subpt. E which had pension plans in effect prior to January 24, 2001, that provided pensions in an amount greater than one-half of the monthly average salary.

Effective Immediately

90

Dec. 22

SB 539

Amends Title 34 (Games) by adding Section 2314, providing for the offense of trespassing on private property while hunting. A first violation of this section would be a summary offense, and a subsequent offense within one year is a summary offense and upon conviction will result in an immediate revocation of the person's hunting and furtaking license and disqualification of the person from issuance of a future license for a period of one year from the date of revocation.

Effective in 60 days

91

Dec. 22

SB 573

Amends the Fourth to Eighth Class County Assessment Law further providing for valuation of persons and property by adding that each political subdivision would set a tax rate to make the total amount of taxes levied for a year against the real properties contained in the duplicate for the preceding year, equal to the total amount it levied on those properties the preceding year. After the tax rate is established, a political subdivision may, by a separate and specific vote, establish a final tax rate for the first year it levies its real estate taxes on a revised assessment or valuation. The tax rate would be fixed to limit the total amount of taxes levied for that year against the real properties contained in the duplicate for the preceding year to not more than 110% for a school district.

Effective Immediately

92

Dec. 22

SB 596

Act authorizing and directing the Department of General Services, with the approval of the Governor and the Pennsylvania Historical and Museum Commission, to accept by donation a tract of land and any improvements thereon situate in the Borough of Ambridge, Beaver County.

Effective in 60 days

93

Dec. 22

SB 618

Act providing for immunity for equine owners, possessors or handlers. The bill states that liability for negligence would only be barred where the doctrine of knowing voluntary assumption of risk is proven with respect to damages due to injuries or death to an adult participant resulting from equine activities. The bill defines equine activities. This bill would provide immunity only where signs are conspicuously posted on the premises at least three feet by two feet, in two or more locations, which states the following: YOU ASSUME THE RISK OF EQUINE ACTIVITIES PURSUANT TO PENNSYLVANIA LAW. The bill also states that evidence of viciousness of the equine would not be required before a possessor of an equine would be subject to liability for harm. Lastly, this act would not affect common law or any statute for the protection of the user of the equine.

Effective in 60 days

94

Dec. 22

SB 712

The Breach of Personal Information Notification Act states that an entity that owns, licenses or maintains computerized data that includes personal information must disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any PA resident whose unencrypted and unredacted personal information was or is reasonably believed to have been accessed and acquired by an unauthorized person. The bill also provides that a vendor that maintains, stores, or manages computerized data on behalf of another entity would provided notice of any breach of the security system following discovery by the vendor to the entity on whose behalf the vendor maintains, stores or manages the data and the entity shall be responsible for making the determinations and discharging any remaining duties under the act. The bill also states that when an entity provides notification to more than 1,000 persons at one time, the entity would also notify all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis. The legislation provides for exceptions and civil relief.

Effective in 180 days

95

Dec. 22

SB 736

Amends the PA Construction Code Act providing for applicability on certain uncertified buildings by adding that the department would issue a certificate of occupancy to an uncertified building if that building meets the certain requirements enumerated in the bill, unless the department deems the building to be unsafe. An "uncertified building" is an existing building which, prior to April 9, 2004, was not approved for use and occupancy by the Department of Labor and Industry or a municipality which was enforcing a building code. The term does not include a residential building. The bill adds that regulations under this subsection would include the adoption of section 110.3 (temporary occupancy) of the International Building Code.

Effective Immediately

96

Dec. 22

SB 895

Amends Title 18 (Crimes and Offenses) further defining "police animal" to include an animal used by a police department created by a metropolitan transportation authority operating under 74 PA.C.S. Ch. 17 (relating to metropolitan transportation authorities), a police department created pursuant to the Second Class County Port Authority Act or the Capitol Police.

Effective in 60 days