Vetoes During 2005 - 2006 Session
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VETO NO. |
DATE |
BILL |
SUBJECT |
DISPOSITION AND LINKS |
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1 of 2005 |
Dec. 23 |
Amends the Tax Reform Code by
reducing the personal income tax from 3.07% to 3.05% within calendar year
2007 and for each taxable year thereafter. The bill also states that for
taxable years beginning before January 1, 2007, all business income would be
apportioned to PA by multiplying the income by a fraction: the numerator of
which is the property factor plus the payroll factor plus three times the
sales factor; and the denominator of which is five. For taxable years
beginning in calendar year 2007, all business income would be apportioned to
PA by multiplying the income by a fraction: the numerator of which is the sum
of fifteen times the property factor, fifteen times the payroll factor and
seventy times the sales factor; and the denominator of which is one hundred.
Additionally, the bill increases the net operating loss deduction from
$2,000,000 up to $10,000,000 for taxable years beginning in calendar year
2009. Lastly, the legislation defines the term "manufacture" when
in relation to the sales and use tax. |
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2 of 2005 |
Dec. 23 |
Amends Title 71 (State Government)
by defining "enforcement officer" to include Game Commission
officers and other commissioned law enforcement personnel employed by the
Game Commission who have and exercise the same law enforcement powers as Game
Commission officers. The paragraph does not apply to deputy Game Commission
officers.
2006 |
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VETO NO. |
DATE |
BILL |
SUBJECT |
DISPOSITION AND LINKS |
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1 of 2006 |
Mar. 15 |
Amends the PA Election Code
providing for requirements relating to voter identification; further
providing for powers and duties of county boards, for compensation of
district election officers, for polling places selected by county boards, for
public buildings to be used where possible and portable polling places and
for prohibiting polling places in buildings where malt or brewed beverages or
liquors are sold; providing for polling places in other buildings; further
providing for nominations by political bodies and for affidavits of
candidates; and further providing for opening of polls, posting cards of
instruction and notices of penalties and voters' rights and examination of
voting machines, for voting procedures, for manner of applying to vote, for
date of application for absentee ballots, for canvassing of official absentee
ballots and for violation of provisions relating to absentee voting. The Department
of Transportation would issue identification cards at no cost to any
registered elector who has made application therefor and has included with
the completed application a signed affidavit stating that the elector is
unable to obtain another form of photo identification, including a driver's
license, that the elector is unable to pay the required fee for the
identification card and that the elector is a registered elector.
Compensation for judges of election is increased to a minimum of $75 (from $45),
for inspectors of election to a minimum of $75 (from $45), and for clerks and
machine operators to a minimum of $70 (from $40). The location of a polling
place may not be changed except in the case of an emergency occurring within
20 days (increased from 10) of an election. The county board of elections
would publicly announce within 20 days of an election, by posting at its
office in a conspicuous place, a list of the places at which the election is
to be held in the various election districts of the county. In selecting
polling places, the county board of elections would make every effort to
select polling places that provide all electors with an environment that is
free from intimidation and violence. If no polling place is available 20 days
prior to an election, a public building situated in immediately adjacent ward
may be selected. No election may be held in a room
where alcohol is dispensed, may be held in a room that is accessible only
through a room where alcohol is served, and no alcohol may be served in a
building where a polling place is located while the polls are open. No
election may be held in any of the following: (1) a private residence not
situated within the boundaries of the election district; (2) a private
residence of an elected or appointed party official; (3) a private residence,
that is not otherwise prohibited unless the county board of elections
certifies in writing and at a public hearing that the polling place located
within the private residence is accessible to persons with disabilities and
the private residence is a location free of intimidation and harassment; (4)
an abandoned building; (5) a vacant lot; (6) an office, building or private
residence of a candidate for political office; (7) an office, building or
private residence of an elected official; or (8) a building utilized by a
ward or political party as headquarters. A candidate must affirm that he is
not a candidate for an office which he already holds, the term of which is
not set to expire in the same year as the office subject to the affidavit. A
notice pertaining to voters' rights must be posted. The notice would contain
the following in boldface type: An elector would have the right to cast his
or her vote: without the use or threat of force, violence or restraint; without
the infliction or threat of infliction of injury; without any intimidation or
coercion upon or against his or her person; or without any other action
intended to deny any individual's right to vote. Identification would be
required each time an elector votes. A provisional ballot would not be
counted if the elector fails to present to the county board of elections, at
the challenge hearing or prior thereto, a form of identification required. An
application for absentee ballot that is received by the office of the county
board of elections earlier than 50 days before the primary or election would
be held and processed upon commencement of the 50-day period. Lastly, the
legislation outlines procedures for applying for and receiving absentee
ballots. |
Bill, together with Governor’s
Veto Message, laid on the table, March 20, 2006. |
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2 of 2006 |
Mar. 17 |
The Residential Construction
Dispute Resolution Act establishes dispute resolution procedures relating to
residential construction defects between contractors and homeowners or
members of associations. A claimant would, no later than 75 days before
initiating an action against a contractor, provide service of written notice
of claim on the contractor, which would state that the claimant asserts a
construction defect claim or claims and is providing notice of the claim or
claims pursuant to the requirements of this act. The notice of claim would
describe the claim or claims sufficiently to explain the nature of the
alleged construction defects and if known the results of the defects. The act
would not apply to any claim for personal injury or death. |
Bill, together with Governor’s
Veto Message laid on the table, March 20, 2006. |
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3 of 2006 |
Mar. 24 |
Amends Title 42 (Judiciary)
providing for comparative negligence by adding that where recovery is allowed
against more than one person, including actions for strict liability, and
where liability is attributed to more than one defendant, each defendant
would be liable for that proportion of the total dollar amount awarded as
damages in the ratio of the amount of that defendant's liability to the
amount of liability attributed to all defendants and other persons to whom
liability is apportioned. Also, a defendant's liability would be several and
not joint, and the court would enter a separate and several judgment in favor
of the plaintiff and against each defendant for the apportioned amount of
that defendant's liability. Nothing in this section would be construed in any
way to create, abolish or modify a cause of action or to limit a party's
right to join another potentially responsible party. |
Bill, together with Governor’s
Veto Message laid on the table, March 27, 2006. |
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4 of 2006 |
May 16 |
Amends the Public Welfare Code
further providing for medical assistance payments for institutional care by
removing the provision stating that the promulgation of regulations under
this subsection would, until June 30, 2006, be exempt from Section 205 of the
Commonwealth Documents Law, Section 204(b) of Commonwealth Attorneys Act, and
the Regulatory Review Act. The bill also states that on or after July 1, 2006,
payments to county and nonpublic nursing facilities certified to participate
as providers under Title XIX of the Social Security Act for nursing facility
services would be calculated and made as specified in the department's
regulations in effect on July 1, 2003, except as may be otherwise required by
the Commonwealth's approved Title XIX Plan for nursing facility services. |
Bill, together with Governor’s
Veto Message laid on the table, June 5, 2006. |
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5 of 2006 |
July 11 |
Amends the Storage Tank and Spill Prevention
Act by removing the provision that states that only fill pipes of underground
storage tanks "which have not been upgraded" are eligible for
sealing under the Underground Storage Tank Pollution Prevention Program. The
bill also requires the Underground Storage Tank Indemnification Board to
perform a study which evaluates costs attributed to the remediation of
storage tank spills containing methyl tertiary butyl ether (MBTE) and the
potential impact to the fund. The study would also make recommendations as to
whether fees, payment levels or board policy should be adjusted to meet
potential liability of cleanups related to MTBE and it shall be submitted to
the Senate and House Environmental Resources and Energy Committees by March
15, 2007. |
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6 of 2006 |
July 11 |
Amends Title 75 (Vehicles) further
providing for permits for movement of a mobile home or a modular housing unit
and modular housing undercarriage. The bill specifies that up to three empty
modular undercarriages may be stacked on top of another undercarriage for
movement if they are securely fastened. The permit would not be issued for
movement during a holiday period or during inclement weather. It also
provides for a special hauling permit for metallic hot boxes. The bill also
requires standard running lights at all times during the movement of a mobile
home or a modular housing unit and modular housing undercarriage. The
department would promulgate all necessary regulations for the use and
operation of standard running lights. |
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Oct. 27 |
Act providing for the allocation
of funds to county mental health and mental retardation programs stating that
the Secretary of the Budget would include in the budget submission to the
General Assembly the amounts required for certain funding. The bill provides
for a calculation of index adjustment. Also, the bill states that funds
included in the governor's budget submission for the community mental health,
community mental retardation services and early intervention services
programs would be identified as increases in the rates or amounts of funding
for existing community-based mental health and mental retardation services. |
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Oct. 27 |
Amends Title 53 (Municipalities
Generally) further providing for the regulation of taxicab and limousine
service within the city of |
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Nov.
3 |
Amends
the Regulatory Review Act further providing for legislative intent, for
proposed regulations and procedure for review. "Small business" is
defined to mean a business entity including its affiliates that is
independently owned or operated and has less than 100 full time employees or
has gross annual sales of less than $6 million. The act is intended to
improve State rulemaking by creating procedures to analyze the availability
of more flexible regulatory approaches for small businesses in accordance
with certain findings. For any regulation subject to the act, a small
business that is adversely affected or aggrieved by final agency action is
entitled to judicial review of agency compliance for a period of 18 months
from the date of the final agency action. The act is not intended to create a
right or benefit, substantive or procedural, enforceable at law by a person
against another person or against the Commonwealth, its agencies or its
officers. |
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Nov.
9 |
Amends the Public Welfare Code by providing for
medical assistance payments for home infusion therapy. The following medical
assistance payments would be made on behalf of persons eligible for
prescription drug coverage and who have a valid prescription for home
infusion therapy: (1) prescription pharmaceuticals; (2) professional pharmacy
services, and (3) home infusion nursing visits. "Home infusion
therapy" means the preparation of parenteral pharmaceuticals, which are
prescription drugs and biologics administered through catheters and/or
needles, provided in a patient's home, other place of residence or outpatient
setting. Parenteral routes of administration include intravenous,
intraspinal, intrathecal, intra-arterial, subcutaneous and intramuscular.
Home infusion therapy also involves clinical pharmacy monitoring as well as
clinical nursing for the administration, teaching and oversight of the
patient's prescribed parenteral therapy. |
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Nov.
9 |
Amends the Tax Reform Code further providing, in
hotel occupancy tax, for definitions and for imposition of tax by adding that
no political subdivision may impose or authorize the imposition of a hotel
tax, hotel room rental tax, tourism and marketing tax or similar tax, or
require the collection of such tax, to a greater extent than 6%, as imposed
by this Act. Additionally, the bill provides for classes of income by
including, in personal income tax, income from the US Government or the |
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Nov.
9 |
Amends the Local Tax Enabling Act renaming the
"Emergency Municipal Services Tax" (EMST) to the "Local
Services Tax" and removing the provision that prohibits municipalities/school
districts from requiring employers to withhold the tax in installments. Also
generally allows only the municipality/school district in which the employee
is primarily employed to levy the LST. Further provides for a low income
exemption, an annual rate limitation and restricted use of the revenue from
the LST. |
Bill,
together with the Governor’s
Veto Message, laid on the table,
November 15, 2006. |
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Nov.
29 |
Amends the Administrative Code providing for the
procedure to transfer appropriations between funds; extending the time period
covered by an application considered for the Merchant Marine World War II
Veterans Bonus to June 30, 2007 and extending the expiration of the Merchant
Marine World War II Veterans Bonus Act to June 30, 2008; making inconsistent
repeals relating to the Merchant Marine World War II Veterans Bonus Act;
requiring the Department of Transportation to prepare daily logs of all
travel on state-owned aircraft; establishing the Cardiovascular Disease
Advisory Committee and a Statewide stroke database by the Department of
Health; providing for biennial renewal of physicians' licenses for volunteer
health services; and providing for regulation by political subdivisions of
public smoking at certain licensed facilities and reporting by Department of
Health on public smoking ordinances. |
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BILL |
SUBJECT |
DISPOSITION AND LINKS |
|
May 11, 2006 |
Amends the General Appropriation
Act of 2005 increasing the State's appropriation to the PA Housing Finance
Agency for the Homeowner's Emergency Mortgage Assistance Program to $8
million from $5 million. The bill adds an appropriation of $5,063,000 to the
Attorney General for reimbursement to counties for expenses for full-time
district attorneys. The bill also adds an appropriation of $500,000 for the
Merchant Marine World War II Veterans' Bonus Fund. The bill appropriates
$3,066,000 from the General Fund and $8,289,000 from the Motor License Fund
for the recruitment, training and deployment of an additional 180 State
Police troopers during the 2005-2006 fiscal year.
The appropriation to the Attorney General for reimbursement to counties for
full-time district attorneys would be a continuing appropriation until March
31, 2007. |
Bill, together with Governor’s
Line Item Veto Message laid on the table, June
5, 2006. |
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BILL |
SUBJECT |
DISPOSITION AND LINKS |
|
July 7, 2005 |
This is the General Appropriation
Act of 2005 providing for expenses of the Executive, Legislative and Judicial
Departments, the public debt, for the public schools for the fiscal year July
1, 2005, to June 30, 2006. |
Governor’s
Line Item Veto Message |
***When the Governor exercises the
item veto power, he returns to the Chamber which originated the bill a letter
which identifies which item or items he is not approving. This letter contains
the same language as the actual item veto signed by the Governor and attached
to the bill before filing it with the Department of State, as required by the
***A letter provides the Governor’s
explanation of why he vetoed certain items. It accompanies the item veto letter
to the General Assembly and provides a more detailed discussion of his reasons
behind the item veto.