GENERAL ACTS ENACTED FOR 2010

 

ACT

DATE

BILL

SUBJECT

EFFECTIVE DATE

1

Jan. 7

SB 711

Amends Title 4 (Amusements) further providing for legislative intent, for definitions, for the Pennsylvania Gaming Control Board established, for applicability of other statutes, for powers of the board and for code of conduct; providing for expenses of regulatory agencies; further providing for licensed gaming entity application appeals from board, for license or permit application hearing process and public hearings, for board minutes and records, for regulatory authority of board, for collection of fees and fines, for slot machine license fee, for number of slot machines and for reports of board; providing for report by slot machine licensee; further providing for diversity goals of board and for license or permit prohibition; providing for specific authority to suspend slot machine license and for Auditor General's reports; further providing for Category 3 slot machine license, for an additional Category 3 license in 2017, for applications for license or permit, for slot machine license application character requirements, for slot machine license application financial fitness requirements, for supplier licenses and for manufacturer licenses; providing for gaming service provider and for alternative supplier licensing standards; further providing for occupation permit application, for additional licenses and permits and approval of agreements, for license renewals, for change in ownership or control of slot machine licensee and for nonportability of slot machine license; providing for appointment of trustee and for additional table game assessment; authorizing table games; further providing for slot machine license deposits; providing for limitation on recovery of costs; further providing for gross terminal revenue deductions, for itemized budget reporting, for establishment of State Gaming Fund and net slot machine revenue distribution, for distributions from Pennsylvania Race Horse Development Fund, for Pennsylvania Gaming Economic Development and Tourism Fund, for transfers from State Gaming Fund, for local shares, for responsibility and authority of Department of Revenue, for wagering on credit and for no eminent domain authority; providing for deteriorated designations; further providing for compulsive and problem gambling program, for labor hiring preferences, for declaration of exemption from Federal laws prohibiting slot machines and for financial and employment interests; providing for additional restrictions; further providing for political influence, for regulation requiring exclusion of certain persons; providing for prosecutorial and adjudicative functions; further providing for investigations and enforcement, for conduct of public officials and employees and for prohibited acts and penalties; providing for additional authority and for report of suspicious transactions; further providing for interception of oral communications; providing for electronic funds transfer terminals; regulating junkets; and providing for gaming schools.

Portions take effect July 1, 2011; July 20, 2017; some immediately

2

Feb. 1

HB 458

Act designating the bridge carrying U.S. Route 522 over the Aughwick Creek in Shirley Township, Huntingdon County, as the Queen Aliquippa Bridge.

Effective in 60 days

3

Feb. 1

HB 1801

Act designating the bridge in the Borough of White Oak, Allegheny County, carrying State Route 2033 over Jack's Run Stream as the Milton L. Lebowitz Memorial Bridge.

Effective in 60 days

4

Feb. 1

HB 1847

Amends the Coal Refuse Disposal Control Act further providing for findings and declaration of policy, and for definitions relating to coal bed methane; adding that a preferred site is one that is adjacent to or an expansion of an existing coal refuse disposal site; and establishing the coal bed methane review board to resolve disputes between property owners over the location of coal bed methane wells and access roads.

Effective Immediately, with exceptions

5

Feb. 1

SB 380

Act designating a bridge on that portion of Route 219 over the Little Toby Creek, Brockway Borough, Jefferson County, as the Christopher E. Loudon Memorial Bridge.

Effective Immediately

6

Feb. 17

HB 692

Act designating the bridge on U.S. Route 6 over Potato Creek at Smethport, McKean County, as the POW/MIA Memorial Bridge; designating State Route 120 in the Borough of Emporium as General Joseph T. McNarney Memorial Boulevard; designating the bridge on U.S. Route 6 over Allegheny River at Liberty Township, McKean County, as the Lt. Colonel Richard J. Berrettini Memorial Bridge; designating the Main Street Bridge carrying U.S. Route 6 at Segment 260, offset 0711, over the Allegheny River in Coudersport Borough, Potter County, as the Potter County World War II Veterans Memorial Bridge; and designating the Gay Street Bridge on State Route 113, which crosses French Creek in the Borough of Phoenixville, Chester County, as the Veterans Memorial Gay Street Bridge.

Effective in 60 days

7

Feb. 17

HB 1551

Amends the Crane Operator Licensure Act further providing that an individual shall be eligible to licensure without certification until December 9, 2011.

Effective Immediately

8

Feb. 17

SB 125

Amends the Controlled Substance, Drug, Device and Cosmetic Act by adding that knowingly possessing or causing a chemical reaction of ephedrine, pseudoephedrine, phenylpropanolamine or a product containing these ingredients, or any of their salts, optical isomers or salts of optical isomers with the intent to manufacture methamphetamine is prohibited. The bill adds that proof that a person had in his possession more than 40 grams or 15 packages of any drug containing ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers or salts of optical isomers as an active ingredient would provide a rebuttable presumption that the person acted with intent to manufacture methamphetamine. A person commits a felony of the third degree if he intentionally, knowingly or recklessly deposits, stores or disposes on any property a precursor substance, chemical waste or debris, used in or resulting from the manufacture of methamphetamine or the preparation of a precursor substance for the manufacture of methamphetamine. This bill shall not apply to a licensed pharmaceutical manufacturer, wholesaler, or the sales representative of a licensed manufacturer or wholesaler, or to a licensed pharmacist or licensed health care professional, or to any other person engaged by a licensed manufacturer, wholesaler, pharmacist or health care provider, who lawfully markets, transports, delivers or dispenses a product containing these ingredients.

Effective in 60 days

9

March 16

HB 1533

Amends Title 51 (Military Affairs) extending the Military Family Relief Program until June 30, 2016. Expands the program to allow service members to be eligible for grants up to one year after completion of active duty when the financial need is a result of military service. Further provides that soldiers discharged for medical reasons shall be eligible for two years with a requirement of showing a need related to military service. Also amends the residency requirement providing an eligible service member must be a Pennsylvania resident at time of application for assistance but not at the time service member entered the military.

Effective in 60 days

10

March 16

HB 1783

Act designating State Route 35 from Selinsgrove to the Snyder County line near Richfield as the Pfc. Justin W. Dreese Memorial Highway.

Effective in 60 days

11

March 16

SB 605

Amends Title 18 (Crimes and Offenses) adding that the offense of robbery includes taking or removing the money of a financial institution without the permission of the financial institution by making a demand of an employee of the financial institution orally or in writing with the intent to deprive the financial institution thereof.

Effective in 60 days

12

March 22

HB 416

Amends Title 18 (Crimes and Offenses) by defining "licensing board" and "professional or occupational license"; and adding a section defining the offense of impersonating the holder of a professional or occupational license. The bill defines the offense as falsely pretending to hold the office of notary public within this Commonwealth or to hold a professional or occupational license issued by a licensing board and performing any action in furtherance of this false pretense. The bill provides for grading of the offense.

Effective in 60 days

13

March 22

SB 206

Act prohibiting limitations on the wearing of official military uniforms on school property and imposing a penalty.

Effective immediately

14

March 22

SB 237

Amends the Insurance Company Law establishing a chapter entitled Suitability of Annuity Transactions, which provides that in making a recommendation to a consumer for the purchase of an annuity or the exchange of an annuity that results in another insurance transaction or series of insurance transactions, an insurance producer, or insurer where no insurance producer is involved, shall have reasonable grounds for believing that the recommendation is suitable for the consumer on the basis of the facts disclosed by the consumer as to the consumer's investments and other insurance products and as to the consumer's financial situation and needs. The bill lays out rules and procedures to this end. The bill also provides requirements for the submission of annual and other reports to the Insurance Commissioner by various parties, and delineates documents, materials and information that shall be confidential by law and not subject to subpoena, discovery, the Right-To-Know Law, or admissible as evidence in any private civil action. Additionally provided is health care parity and non-discrimination and for the stability of annuity contracts.

Effective immediately, with exceptions

15

March 22

SB 297

Amends the Oil and Gas Act further providing for well reporting requirements by requiring every operator of a well which produces gas from the Marcellus Shale formation to file with the department a semi-annual report specifying the amount of production on the most well-specific basis available. The commonwealth shall have the right to utilize such information in enforcement proceedings, in making designations or determinations under the Administrative Code, or in aggregate form for statistical purposes. The department shall make the reports available on its website. Any costs incurred by the department to comply with these requirements shall be paid out of the fees collected under section 201(d).

Effective in 60 days

 

 

 

16

March 29

HB 421

Act designating the Arch Street Bridge on State Route 2064, Lycoming County, as the Duboistown Bridge.

Effective in 60 days

17

March 29

HB 526

Amends the Model Act for the Regulation of Credit Life Insurance and Credit Accident and Health Insurance further providing for premiums and refunds by requiring notices to be provided for each individual policy or group certificate paid by single premium, including renewals and refinancing, containing certain information related to debtor entitlement.

Effective in 120 days

18

April 29

HB 485

Amends Title 18 (Crimes and Offenses) defining the offense of illegal dumping of methamphetamine waste as a felony of the third degree when a person intentionally, knowingly, or recklessly deposits on any property a precursor or reagent substance, chemical waste or debris, that has been or is intended to be used in the manufacture of methamphetamine or the preparation of a precursor substance for the manufacture of methamphetamine. The bill provides for exceptions. Also adds a section providing for the offense of operation of a methamphetamine laboratory. A definition of "manufacture" is also provided.

Effective in 60 days

19

April 29

HB 602

Amends The Dental Law further defining "expanded function dental assistant"; further providing for the State Board of Dentistry by increasing the composition by two; and providing for scope of practice of expanded function dental assistant.

Effective in 60 days

20

April 29

HB 1030

Act authorizing the Department of General Services, with the approval of the Department of Military and Veterans' Affairs and the Governor, to grant and convey, at a price to be determined through a competitive bid process, certain lands, buildings and improvements situate in the City of Oil City, Venango County; and authorizing the Department of General Services, with the approval of the Department of Military and Veterans Affairs and the Governor, to grant and convey, at a price to be determined through a competitive bidding process, certain lands, buildings and improvements situate in the First Ward of the City of Meadville, Crawford County.

Effective Immediately

21

April 29

SB 126

Amends the Controlled Substance, Drug, Device and Cosmetic Act providing for environmental costs by adding that a person who is convicted of an offense involving the operation of a methamphetamine laboratory for the use of a reagent or precursor substance to manufacture methamphetamine shall be ordered to reimburse the appropriate law enforcement agency, emergency medical services organization, fire company or other organization for the costs of cleaning up the environmental hazards associated with the operation of the laboratory.

Effective Immediately

22

April 29

SB 888

Act designating the bridges on Route 28 in the Boroughs of Etna and Sharpsburg, Allegheny County, as the Chief Warrant Officer Michael J. Novosel Memorial Bridges; and making a related repeal.

Effective in 60 days

23

May 12

HB 464

Amends the Act entitled "An act regulating the sale and resale for profit and the carrying on of the business of selling or reselling tickets or other devices for admission to places of amusement; providing for the licensing of persons reselling such tickets for profit; providing for the suspension and revocation of such licenses; imposing duties on licensees and owners or operators of places of amusement; imposing powers and duties on the Department of Revenue, county treasurers, district attorneys, and the receiver of taxes, and city solicitors in cities of the first class; making disposition of moneys collected and providing penalties" redefining "ticket purchasing software," defining "ticket seller" and prohibiting use of ticket purchasing software and to acquire tickets from a ticket seller, if the tickets would not have been acquired by the person but for the use of the ticket purchasing software. The bill provides for penalties.

Effective Immediately

24

May 12

HB 961

Amends the Municipal Waste Planning, Recycling and Waste Reduction Act, extending the sunset date for fees to January 1, 2020. Also $1,250,000 shall be transferred annually from the Recycling Fund for tire pile remediation.

Effective Immediately

25

May 12

HB 975

Amends the Engineer, Land Surveyor and Geologist Registration Law deleting language providing for mandatory continuing education and adding new language for continuing professional competency requirements for the practice of professional engineering, professional land surveying and professional geology, and for licensure of professional geologists. Each licensee shall be required to obtain twenty-four PDH units during the biennial renewal period.

Effective in 60 days

26

May 12

HB 2003

Act designating the bridge in the Borough of Hatboro (now designated as Bridge Management I.D. No. 46/0263/0050/0057) over Pennypack Creek as the PFC Joseph J. Lannon, Jr., USMC Memorial Bridge.

Effective in 60 days

27

May 12

SB 916

Amends the Second Class County Code by changing the date that second class and class A counties must submit to the court of Common Pleas an annual report of all receipts and expenditures of the preceding year and a full statement of the financial condition of the county from the month of May to the month of July. The bill also extends the date, from the first Monday in May to the first Monday in July, by which counties of the second class and second class A must submit their annual financial report to the Department of Community and Economic Development (DCED).

Effective Immediately

28

May 12

SB 960

Amends Title 51 (Military Affairs) by adding that the composition of the State Veterans' Commission includes the head of the Military Officers Association of America and does not include veterans of World War I.

Effective Immediately

29

June 1

HB 1041

Amends the Pharmacy Act further providing for definition of "practice of pharmacy" and "management of drug therapy" and identifies further conditions under which a pharmacist's license may be refused, revoked or suspended by the board; and provides for drug therapy protocols. The bill outlines provisions for collaborative drug therapy management and states a pharmacist shall enter into a written collaborative agreement with a licensed physician authorizing the management of drug therapy for a disease, or for a condition or symptom of a disease, before practicing the management of drug therapy in a setting other than an institutional setting. A pharmacist who is a party to a collaborative agreement authorizing the management of drug therapy must provide to the board satisfactory evidence of training in the management of drug therapy for a disease, or for a condition or symptom of a disease, which is the subject of the collaborative agreement and must utilize an area for in person or electronic consultations relating to the management of drug therapy that ensures the confidentiality of the patient information being discussed. A pharmacist who is a party to a collaborative agreement authorizing the management of drug therapy shall obtain and maintain a level of professional liability insurance coverage in the minimum amount $1,000,000 per occurrence or claims made. Nothing in this act shall be construed to provide prescriptive authority to a pharmacist.

Effective in 60 with exceptions

30

June 3

SB 383

Amends Title 42 (Judiciary and Judicial Procedure), in organization and jurisdiction of courts of common pleas, authorizing the court of common pleas of a judicial district and the Municipal Court of Philadelphia to establish (with available funds) one or more problem solving courts which have specialized jurisdiction, including, but not limited to, drug courts, mental health courts and driving under the influence courts, whereby defendants are admitted to a court-supervised individualized treatment program.

Effective in 60 days

31

June 3

SB 828

Amends the Public Eating and Drinking Place Law by providing definitions and adding language providing the act shall not apply to food or drink prepared in a private home and used or offered for human consumption by any of the following organizations: a 501 (c) (3) tax exempt organization; a volunteer fire company or an ambulance, religious, charitable, fraternal, veterans, civic, sportsmen, agricultural fair or agricultural association or any separately chartered auxiliary of any of these associations, on a not-for-profit basis; or an organization that is established to promote and encourage participation and support for extracurricular recreations activities for youth of primary and secondary public, private and parochial school systems on a non-for-profit basis.

Effective in 60 days

32

June 16

HB 1641

The Circulating Nurse Act requires a circulating nurse in all operating rooms during any surgical procedure and requires a registered nurse to be the circulating nurse in the operating room. The act provides definitions of, health care facility, operating room of the facility, and registered nurse.

Effective in 60 days

33

June 16

HB 1720

Amends Title 18 (Crimes and Offenses) by defining and prohibiting organized retail theft as well as providing for grading of the offense.

Effective in 60 days

34

June 16

SB 987

An Act authorizing the Department of General Services to grant and convey to Washington County Authority three tracts of land situate in Cecil Township, Washington County, under terms and conditions to be established in an Agreement of Sale with the Department.

Effective Immediately

35

June 25

HB 48

Amends the Liquor Code expanding the definition of "public venue" to include a visitor center, regardless of floor area or seating capacity that was established under the authority of the Gateway Visitor Center Authorization Act of 1999. Also amends the definition of "eligible entity" to include a club recognized by Rotary International whose purpose is to provide service to others, to promote high ethical standards and to advance world understanding, goodwill, and peace through its fellowship of business, professional, and community leaders; 501 (c) (3) nonprofit organizations located in second class A or third class counties whose purpose is the education and promotion of American history; and a brewery that has been issued a license to manufacture malt or brewed beverages and has been in existence for at least 100 years. Also amends the definition of "Performing Arts Facilities." Adds language pertaining to spirits marketing. The bill provides for sacramental wine licenses. Additionally, the bill requires an application for a special occasion permit to include a resolution by the eligible entity setting forth its current officers and approving the application. Upon approval of the application, the permit shall be sent to the eligible entity only. Prior to use of the special occasion permit, the eligible entity shall submit to the board written proof of notification of the police. Area plans shall be subject to approval by the department based on the area agency's demonstration of compliance with the Older Americans Act and other applicable law, provision of services in a manner that advances the goal of consistency among the planning and service areas of the Commonwealth and other relevant factors to be determined by the secretary. The bill also provides for limited number of retail licenses to be issued in each county by deleting language stating areas designated as bedrooms may not be used as licensed serving areas. The bill stipulates the department shall not expend moneys available through the State Lottery Fund for the administration and provision of programs being transferred by this act from the Department of Public Welfare to provide services for people with disabilities who are under 60 years of age. Nothing in the bill shall prohibit a privately owned, private golf club that performs catering to hold an interest in a limited winery license. Also amends section 438 pertaining to numbers and kinds of licenses allowed same licensee and section 505.2 pertaining to limited wineries.

Effective Immediately

36

June 25

SB 1246

An Act authorizing Horsham Township, Montgomery County, to convey and transfer a fee interest in certain Project 70 land free of restrictions imposed by the Project 70 Land Acquisition and Borrowing Act, in return for the imposition of Project 70 restrictions on other land to be acquired by the township.

Effective Immediately

37

June 29

HB 9

Amends the Pennsylvania Conservation Corps Act extending the expiration date for the Pennsylvania Conservation Corp until June 30, 2020.

Effective Immediately

38

July 2

HB 666

Act authorizing and directing the Department of General Services, with the approval of the Governor, to grant and convey to the Philadelphia Authority for Industrial Development interests in certain lands situate in the 39th Ward of the City of Philadelphia; and authorizing and directing the Department of General Services, with the approval of the Governor, to grant and convey to the Philadelphia Regional Port Authority certain lands situate in the 39th Ward of the City of Philadelphia.

Effective Immediately

39

July 2

HB 687

Amends Title 62 (Procurement), in guaranteed energy savings contracts, amending the definition of "energy conservation measure" to include technology upgrades designed to reduce water and wastewater consumption or operating costs, and inserting water and wastewater-related provisions into language relating to contract procedures and provisions. Also provides that the contractual period for guaranteed energy savings contracts shall not exceed 20 years.

Effective in 60 days

40

July 2

HB 2253

Act designating a portion of State Route 11 from the bridge carrying State Route 11 over the Susquehanna River in Point Township, Northumberland County, known as the Barry King Memorial Bridge, to the Montour County line as the Sgt. Brett D. Swank Memorial Highway.

Effective in 60 days

41

July 2

SB 174

Amends the Workforce Development Act further providing for membership of the PA Workforce Investment Board and establishing the PA Center for Health Careers for the purpose of providing a focused direction and purpose for the development of strategies to address the Commonwealth's short-term and long-term health care work force challenges to ensure the quality and supply of such work force. The bill also provides for the composition and duties of a related Leadership Council and is to sunset June 30, 2015.

Effective Immediately

42

July 2

SB 492

Act authorizing the Department of General Services, with the approval of the Department of Military and Veterans Affairs and the Governor, to grant and convey, at a price to be determined through a competitive bid process, certain lands, buildings and improvements situate in the Second Ward of the City of Corry, Erie County.

Effective Immediately

43

July 2

SB 904

Act authorizing the Department of General Services, with the approval of the Department of Public Welfare and the Governor, to grant and convey to West Bradford Township, certain lands situate in West Bradford Township, Chester County; and authorizing the Department of General Services, with the approval of the Governor and the Department of Military and Veterans Affairs, to grant and convey to Waynesburg University certain lands situate in the Borough of Waynesburg, Greene County.

Effective Immediately

44

July 2

SB 928

The Protecting Pennsylvania's Investments Act provides for divestiture by the State Treasurer, the State Employees' Retirement System and the Public School Employees' Retirement System of investments in companies doing business in Iran and Sudan. The Commonwealth shall reimburse each public fund for net losses, costs and expenses incurred as a result of compliance with the act.

Effective Immediately

45

July 2

SB 1074

Amends Title 61 (Penal and Correctional Institutions) to state it shall be the duty and responsibility of the correctional institution to provide adequate personnel to monitor a pregnant prisoner or detainee during transport to and from the hospital and during her stay at the hospital. The bill provides for restraint of pregnant prisoners and detainees by limiting the use of restraints unless the pregnant prisoner or detainee presents a substantial flight risk. The Secretary of Corrections and the official responsible for oversight of each municipal and county correctional institution where a pregnant prisoner or detainee had been subject to application of restraints shall annually submit to the Office of the Governor a written report containing detailed information regarding the use of restraints on any pregnant prisoner or detainee in the official's custody during the preceding fiscal year. The bill also requires a report to be submitted by a facility whether or not it is licensed, operated, or supervised by DPW and places the onus on the DPW to submit certain reports.

Effective in 60 days

46

July 6

SB 1042

Amends the Fiscal Code to provide budget implementation language for the 2010-2011 General Appropriations Act. Further provides for certain funds and accounts for fiscal year 2010-2011 and provides for transfers from various special funds to the General Fund. Further provides for: investment of moneys by the Treasury Department and that requisitions to payments by the Treasury Department may be transmitted in paper or electronic form in accordance with generally commercially accepted methods; for the transfer of $180 million from the Oil and Gas Lease Fund to the General Fund; for issuance of refunding bonds by transit agencies; an increase of the cap on the Educational Improvement Tax Credit; for permit extensions; for heritage areas; for victims of crime; changes in the dates of the semiannual reports on grants awarded by PEMA; for the Judicial System Augmentation Account; for the Access to Justice Account; for immediate assessment of slot machine licensees for the repayment of loans to the Gaming Control Board from the Property Tax Relief Reserve Fund; for certain funds and accounts in the Executive Offices and the Departments of Agriculture, Education, Environmental Protection, Health, Labor & Industry, Public Welfare, and Revenue along with the Pennsylvania State Police, the State System of Higher Education, State-related institutions, PHEAA, the Health Care Cost Containment Council, and the General Assembly. Also provides for transfers and deposits from the State Lottery Fund, the Motor License Fund, the Tobacco Settlement Fund, the Community Health Reinvestment Restricted Account, the Budget Stabilization Fund, the Emergency Medical Services Operating Fund, the Highway Beautification Fund, the Keystone Recreation, Park and Conservation Fund, the Local Government Capital Project Fund, the Low Level Waste Fund, the PA Economic Revitalization Fund and the Small Business First Fund. Sets the employer contributions rates for fiscal year 2010-2011 for the Public School Employees Retirement System and the State Employees Retirement System. In addition, indicates the intention of the General Assembly to enact legislation that raises revenue from the extraction of Marcellus Shale natural gas by October 1, 2010 and, to enact legislation establishing the Independent Fiscal Office no later than October 1, 2010.

Effective Immediately

47

July 7

HB 2289

The Capital Budget Act and Project Itemization Act of 2010 provides for the capital budget for fiscal year 2010-2011, and details the total authorizations for various state spending for the fiscal year 2010-2011.

Effective Immediately

48

July 7

HB 2290

Amends Capital Facilities Debt Enabling Act further providing for appropriation for and limitation on redevelopment assistance capital projects by stating that the maximum amount of redevelopment assistance capital projects undertaken by the commonwealth for which obligations are outstanding shall not exceed, in aggregate, $4,050,000,000.

Effective Immediately

49

July 9

HB 254

Amends the Public Welfare Code, in general powers of the Department of Public Welfare, further providing for determining whether applicants are veterans by requiring the form to be made available online; in public assistance, further providing for Medical Assistance payments for institutional care by outlining how payments under the MA fee-for-service program shall be determined and exceptions to that process; and adding a article providing for statewide quality care assessment in order to generate additional revenues for the purpose of assuring that MA recipients have access to hospital services. For fiscal year 2010-2011, each covered hospital shall be assessed an amount equal to 2.69% of the net inpatient revenue of the covered hospital; and for FYs 2011-12 and 2012-13, an amount equal to 2.84% of the net inpatient revenue of the covered hospital. The assessment would be deposited into the Quality Care Assessment Account and be used to make MA payments to hospitals and make enhanced capitation payments to MA managed care organizations for supplemental payments for inpatient hospital services. The bill outlines limitations on use. The department shall report to the Senate and House Health Committees regarding the assessment, which shall expire June 30, 2013.

Effective Immediately

50

July 9

HB 1186

Amends The Administrative Code establishing the Department of Drug and Alcohol Programs, which shall consist of three bureaus: Bureau of Prevention and Intervention, Bureau of Treatment, and Bureau of Administration. The Secretary of Drug and Alcohol Programs shall be appointed by the governor. The bill repeals related provisions of the Pennsylvania Drug and Alcohol Abuse and Control Act; provides for duties of the new department; and makes editorial changes. The Department of Drug and Alcohol Programs shall have the power, and its duty shall be: (1) To develop and adopt a State plan for the control, prevention, intervention, treatment, rehabilitation, research, education and training aspects of drug and alcohol abuse and dependence problems; (2) In developing the State plan initially, and prior to its amendment annually, to hold a public hearing at least 30 days prior to the adoption of the initial State plan and subsequent amendments and to afford all interested persons an opportunity to present their views either orally or in writing; (3) In accordance with the State plan, to allocate the responsibility for all services, programs and other efforts provided for among the appropriate departments, agencies and other State personnel; (4) To gather and publish statistics pertaining to drug and alcohol abuse and dependence and promulgate regulations, specifying uniform statistics to be obtained, records to be maintained and reports to be submitted by public and private departments, agencies, organizations, practitioners and other persons with respect to drug and alcohol abuse and dependence, and related problems. Such statistics and reports shall not reveal the identity of any patient or drug or alcohol-dependent person or other confidential information; (5) To establish an information center, which will attempt to gather and contain all available published and unpublished data and information on the problems of drug and alcohol abuse and dependence; (6) To require all appropriate State and local departments, agencies, institutions and others engaged in implementing the State plan to submit as often as necessary, but no less often than annually, reports detailing the activities and effects of the implementation and recommending appropriate amendments to the State plan; (7) To submit an annual report to the General Assembly; (8) To make provision for facilities in each city or region or catchment area which shall provide information about the total Commonwealth drug and alcohol abuse and drug and alcohol dependency programs and services; and (9) To promulgate the rules and regulations necessary to carry out the provisions of this article. Also adds language providing for four non-legislative appointments to the PHEAA board to replace legislative members who choose not to be reappointed. Provides the non-legislative members shall have relevant experience in banking, finance, higher education, higher education finance, information technology or investment. Also changes the term of service for board members from six years to four years and provides the chair and vice chair are to be legislative appointed.

Effective Immediately

51

July 9

HB 1251

Amends The Insurance Company Law extending mini-COBRA benefits for eligible individuals to capture the recently-extended federal premium subsidy from nine months to fifteen months and addressing compliance with other rules, derivative transactions, and general three percent diversification. Also provides for appealing an insurer's determination that the benefit trigger is not met on long term care insurance claims and for prompt payment of clean claims.

Effective Immediately, with exceptions

52

July 9

HB 1300

Act designating the interchange at Exit 32-B of Interstate 70 in Washington County as the Nathan Burnfield Memorial Interchange; and designating the Gay Street Bridge on State Route 113, which crosses French Creek in the Borough of Phoenixville, Chester County, as the Veterans Memorial Gay Street Bridge.

Effective in 60 days

53

July 9

HB 1332

Amends Title 42 (Judiciary & Judicial Procedure) providing for confidential communications to a critical incident stress management team member by law enforcement officers, public safety responders and corrections officers. The bill adds a section providing a critical incident stress management team member who, while in the course of his duty, has acquired information from any law enforcement officer, public safety responder or corrections officer secretly and in confidence, may not be compelled or allowed without the consent of the law enforcement officer to disclose that information in a legal proceeding, trial or investigation before any government unit. The bill provides for definitions and exceptions.

Effective in 60 days

54

July 9

HB 1859

Amends Title 34 (Game) increasing or adding penalties for violations of certain unlawful acts.

Effective in 60 days

55

July 9

HB 1890

Act authorizing the Department of General Services, with the approval of the Governor, to grant and convey to The Pennsylvania State University, certain lands situate in Benner Township, Centre County; authorizing the Department of General Services, with the approval of the Governor, to grant and convey to Benner Township, certain lands situate in Benner Township, Centre County; authorizing the Department of General Services, with the approval of the Governor, to grant and convey to the Pennsylvania Fish and Boat Commission, certain lands situate in Benner Township, Centre County; and authorizing the Department of General Services, with the approval of the Governor, to grant and convey to the Pennsylvania Game Commission, certain lands situate in Benner Township, Centre County.

Effective Immediately

56

July 9

HB 2493

Amends the Pennsylvania Municipal Retirement Law to require the board to adopt procedures by which an eligible retired public safety officer can pay for qualified accident, health, or long-term care insurance. The board shall also promulgate regulations to regulate the Deferred Retirement Option Plan (DROP) and create a subsidiary DROP assistance account for each DROP participant. The board shall also promulgate regulations to comply with state and Federal law. Requirements and some procedures for handling the DROP accounts are provided. The appropriate use of a "domestic relations order" in the receipt of benefits is also provided. Beneficiary payment restrictions and procedures are also detailed. Restrictions on the solicitation of public contributions are included.

Effective Immediately

57

July 9

SB 87

Amends the act of December 15, 1982 (P.L.1266, No.287), entitled, as amended, "An act conferring limited residency status on military personnel, their dependents and civilian personnel assigned to an active duty station in Pennsylvania," expanding applicability of the act to include all active duty personnel and dependents, stipulating a community college, State-related or State-owned institution of higher learning may charge resident tuition rates to any active military personnel, and their dependents who are taking college courses or receiving other education services through the Internet or by other electronic means.

Effective Immediately

58

July 9

SB 747

Act authorizing the Department of Transportation in accordance with appropriations and grants of funds from Federal, State, regional local or private agencies to sell at public sale land acquired by the department if the secretary determines the land is not needed for present or future purposes. Contingencies for when the land is not transferred to a public entity are given. Also repeals section 2003 (e) (7) of The Administrative Code of 1929.

Effective in 60 days

59

July 9

SB 1044

Amends Title 61 (Penal and Correctional Institutions) to provide guidelines for the return to and redispensing by the vendor pharmacy for drugs dispensed to a correctional facility. The bill provides for credit for redispensing.

Effective Immediately

60

Sept. 24

SB 1200

The Interstate Wildlife Violator Compact Act authorizes PA to join the compact; establishes the Board of Compact Administrators to serve as a governing body for the compact; providing Procedures for Issuing State; providing procedures for Home State; providing Reciprocal Recognition of Suspension; providing guidelines for entry into and withdrawal from the compact; providing duties for the Pennsylvania Fish and Boat Commission.

Effective Immediately

61

Oct. 7

HB 105

Amends the Second Class City Law deleting certain penalties for false personification.

Effective in 60 days

62

Oct. 7

HB 106

Amends the First Class City Government Law deleting certain penalties for false personification.

Effective in 60 days

63

Oct. 7

HB 107

Repeals the act entitled "An act to prevent the wearing of the badge of the Bureau of Police, in cities of the first class, by unauthorized persons, and providing a penalty therefor."

Effective in 60 days

64

Oct. 7

HB 181

Amends Title 34 (Game) further providing for powers and duties of enforcement officers relating to searches and for resisting or interfering with an officer. Also allows courts to continue to decide the definition of curtilage as it pertains to cabins.

Effective in 60 days

65

Oct. 7

HB 1281

Amends Title 61 (Prisons and Parole) to add a new chapter providing for community corrections facilities. Definitions are provided and a private entity wishing to run a community corrections facility must hold a public hearing in the municipality where the facility is to be located. Notice is also required.

Effective in 60 days

66

Oct. 7

HB 1376

Amends the Continuing-Care Provider Registration and Disclosure Act further providing for examinations, stating every provider subject to examination in accordance with the act must keep all books, records, accounts, papers, documents and any or all computer or other recordings relating to its property, assets, business and affairs in such manner and for such time periods as the department may require in order that its authorized representatives may readily verify the financial condition of the company or person and ascertain whether the company or person has complied with state law. The department or any of its examiners may conduct an examination of the books and records of each provider offering continuing care in PA as often as the commissioner deems appropriate, but shall conduct an examination at least once in the first five-year period and once in the second five-year period following a provider's receipt of a certificate of authority. The bill provides for scheduling criteria and procedures.

Effective in 60 days

67

Oct. 7

HB 1671

Amends the act entitled, as amended, "An act creating a county records committee; imposing powers and duties upon it; authorizing the Pennsylvania Historical and Museum Commission to assist and cooperate with it; defining county records; and authorizing the disposition of certain county records by county officers in counties of the second to eighth class," increasing the membership of the committee from fifteen to sixteen, and requiring the additional member be a clerk of orphans' court.

Effective in 60 days

68

Oct. 7

HB 1774

Amends The Insurance Company Law by adding that the marketing, sale, offering for sale, issuance, making, proposing to make and administration of a service contract shall not be construed to be the business of insurance and shall be exempt from regulation as insurance. "Service contract" is defined.

Effective in 60 days

69

Oct. 7

SB 260

Amends Title 18 (Crimes and Offenses) further providing for sexual abuse of children by stating that the district attorney has the authority to investigate and institute charges for sexual abuse in the county and the attorney general shall have the separate authority to investigate and institute charges of sexual abuse when the offense or series offenses has occurred in more than one county or a county of the Commonwealth and another state. Also whoever being of the age of 18 years and upwards, by any course of conduct in violation of Chapter 31 (relating to sexual offenses) corrupts or tends to corrupt the morals of any minor less than 18 years of age, or participates in the aiding or abetting of this crime is punishable as a felony of the third degree.

Effective in 60 days

70

Oct. 7

SB 699

The Adult Protective Services Act provides for protection of abused, neglected, exploited or abandoned adults; establishes a uniform statewide reporting and investigative system for suspected abuse, neglect, exploitation or abandonment of adults; provides for protective services; and prescribes penalties. The Department of Public Welfare shall annually present a report on the program and services performed to the Aging and Youth Committee of the Senate and the Aging and Older Adult Services Committee of the House of Representatives.

Effective in 6 months

71

Oct. 7

SB 1327

Amends the act entitles "A further supplement to an act, entitled' An act to establish a board of wardens for the Port of Philadelphia, and for the regulation of pilots and pilotage, and for other purposes,' approved March 29, 1803, and for regulating the rates of pilotage and number of pilots," to give a maximum charge per unit during the period 2010-2013.

Effective in 60 days

72

Oct. 13

HB 400

The Construction Workplace Misclassification Act states, for the purposes of Workers' Compensation, Unemployment Compensation and improper classification of employees, an individual who performs services in the construction industry is an independent contractor only if: (1) the individual has a written contract to perform such services; (2) the individual is free from control or direction over performance of such services both under the contract of service and in fact; and (3) as to such services, the individual is customarily engaged in an independently established trade, occupation, profession or business. The bill provides for determination of violation and penalties. Additionally, the Secretary of the Department of Labor & Industry may petition a court to issue a stop-work order. Penalties collected shall be paid into various Workers' Compensation and Unemployment Compensation Funds. The department shall report annually to the General Assembly. The department shall not be required to enforce this act until adequate funding is appropriated.

Effective in 120 days

73

Oct. 19

HB 47

The Sudden Infant Death Syndrome Education and Prevention Program Act provides for the establishment of the Sudden Infant Death Syndrome Education and Prevention Program to promote awareness and education relating to SIDS and SUDI with the focus on the risk factors of SIDS and SUDI and safe sleeping practices for newborns and infants. The bill provides for public awareness efforts, educational and instructional materials, signing of acknowledgement statement and distribution of material. The bill outlines the scope of the act and empowers the Department of Health to promulgate regulations.

Effective in 60 days

74

Oct. 19

HB 727

Amends Title 18 (Crimes and Offenses) further providing for trademark counterfeiting by making a series of technical and substantive changes to the following provisions: presumption, penalties, forfeiture and restitution. The bill also adds or makes changes to the following definitions: bodily injury, serious bodily injury, counterfeit mark, intellectual property, item and retail value.

Effective in 60 days

75

Oct. 19

HB 1515

Amends The First Class Township Code further providing for general provisions relating to examinations by stipulating various requirements of exam applicants. The bill also provides for the rejection of applicant and hearing, for eligibility and manner of filling appointments, for probation period and for physical and psychological examinations by physician, other qualified medical professional, psychiatrist or psychologist, and for promotions.

Effective Immediately

76

Oct. 19

HB 1516

Amends the act entitled "An act providing for the appointment, promotion, reduction, removal and reinstatement of paid officers, firemen and employes of fire departments and of fire alarm operators and fire box inspectors in the bureaus of electricity in cities of the third class; defining the powers and duties of civil service commissions for such purposes; and fixing penalties" adding language providing an applicant selected from the eligibility list shall receive a conditional offer of employment which shall be conditioned upon the appointee undergoing a physical and psychological medical examination by physician, other qualified medical professional, psychiatrist or psychologist, and a determination that the appointee is capable of performing all the essential functions of the position. The bill provides age restrictions for applicants, includes other eligibility requirements and provides for promotions.

Effective Immediately

77

Oct. 19

HB 1517

Amends The Third Class City Code adding language pertaining to civil service providing the board shall require an applicant selected from the eligibility list to receive a conditional offer of employment which shall be conditioned upon the appointee undergoing a physical and psychological medical examination by physician, other qualified medical professional, psychiatrist or psychologist, and a determination that the appointee is capable of performing all the essential functions of the position. The bill provides for the grading of discharged servicemen, and for promotions.

Effective Immediately

78

Oct. 19

HB 1518

Amends the act entitled "An act providing for and regulating the appointment, promotion and reduction in rank, suspension and removal of paid members of the police force in boroughs, incorporated towns and townships of the first class maintaining a police force of not less than three members; creating a civil service commission in each borough, incorporated town and township of the first class; defining the duties of such civil service commission; imposing certain duties and expense on boroughs, incorporated towns and townships of the first class; imposing penalties, and repealing inconsistent laws" adding language providing an applicant selected from the eligibility list shall receive a conditional offer of employment which shall be conditioned upon the appointee undergoing a physical and psychological medical examination and a determination that the appointee is capable of performing all the essential functions of the position. Also provides for examinations, duties of examiners, hearings and probationary periods.

Effective Immediately

79

Oct. 19

HB 1799

An Act designating the interchange at Exit 48 of Interstate 79 in Washington County as the Purple Heart Interchange; designating a bridge located on that portion of S.R. 3001 over the Chest Creek, Mahaffey, Clearfield County, as the Sergeant Major Morton Shea Landy Memorial Bridge; designating the Donora-Webster Bridge in Donora, Washington County, as the Lieutenant Governor Ernest P. Kline Memorial Bridge; designating the bridge on that portion of S.R. 130 over the Norfolk Southern rail lines, Trafford Borough, Allegheny and Westmoreland Counties, as the Trafford Veterans Memorial Bridge; and designating the interchange of Business Route 60 with Thorn Run Road in Moon Township, Allegheny County, as the Robert E. Harper Interchange.

Effective in 60 days

80

Oct. 19

HB 2212

Amends the Mobile Home Park Rights Act to make legislative findings and change the word "mobile" to "manufactured" and the word "park" to "community." Some definitions are also altered. Definitions of "manufactured home community owner" and "manufactured home space rental agreement" are provided and incorporated. Terms of the rental agreement are also detailed in the bill. Mobile home community leases and lessees, as well as damages, are also provided for. Written notification of the community's rules and regulations must be provided to a lessee.

Effective in 150 days

81

Oct. 19

HB 2246

The Sgt. Michael C. Weingard Law amends Title 75 (Vehicles) to change the definitions of "emergency medical services personnel," "emergency services responder," and "serious bodily injury" as well as provides for the offense of aggravated assault and increased penalties if the victim is an emergency services responder. Permissible arguments as to the amount of damages are provided as well as additional penalties including license suspension and jail time. Also provided are exemptions from vehicle registration, limits on carrying certain fuels, restrictions on school transportation, and special permits for transport.

Effective in 60 with exceptions

82

Oct. 19

HB 2291

Act providing for the capital budget for the fiscal year 2010-2011; itemizing public improvement projects, furniture and equipment projects, transportation assistance projects, redevelopment assistance capital projects, flood control projects, Keystone Recreation, Park and Conservation Fund projects, Environmental Stewardship Fund projects, State forestry bridge projects, General Fund current revenue projects, State ATV/ Snowmobile Fund projects, State transportation enhancement funds projects and State Stores Fund current revenue projects to be constructed or acquired or assisted by the Department of General Services, the Department of Community and Economic Development, the Department of Conservation and Natural Resources, or the Department of Transportation, together with their estimated financial costs; authorizing the incurring of debt without the approval of the electors for the purpose of financing the projects to be constructed, acquired or assisted by the Department of General Services, the Department of Community and Economic Development, the Department of Conservation and Natural Resources, the Department of Environmental Protection or the Department of Transportation; stating the estimated useful life of the projects; providing an exemption; providing for limitation on certain capital projects; making appropriations; and making a repeal.

Effective Immediately

83

Oct. 19

HB 2375

Amends Title 74 (Transportation) declaring indemnity agreements void in motor carrier transportation contracts. An exception is granted for railroad activities. "Indemnity provision" is defined as a provision which: (1) is contained in, is collateral to or affects a motor carrier transportation contract; and (2) indemnifies or attempts to indemnify the promisee against liability for loss or damage resulting from intentional, reckless or negligent acts or omissions. This shall apply to contracts entered into on or after the effective date of this section.

Effective in 60 days

84

Oct. 22

SB 922

Amends the Public Welfare providing for reasonable limits (changed from lifetime limit) on allowable income deductions for medical expenses when determining payment toward the cost of long-term care services; further defining "general acute care hospital," defining "high volume Medicaid hospital"; and further providing for authorization by adding that beginning July 1, 2009, and subject to advance written approval by the secretary, a municipality may impose a monetary assessment on the net operating revenues reduced by all revenues received from Medicare of each high volume Medicaid hospital located in the municipality, ending June 30, 2013; and further providing for administration, no hold harmless, and tax exemption. Also adds an article relating to Pennsylvania Trauma Systems Stabilization allowing the department to approve level three trauma centers in accordance with established standards and additional requirements given in the legislation. Application for approval process and procedure is given, along with funding for the trauma centers. Notification of trauma center closing and reporting is further detailed.

Effective Immediately

85

Oct. 27

SB 53

Amends Titles 15 (Corporations and Unincorporated Associations) and Title 20 (Decedents, Estates and Fiduciaries), in intestate succession, further providing for forfeiture when a spouse dies in the midst of divorce proceedings; in wills, further providing for modification of wills in a pending divorce; in grant of letters, further providing for advertisement of grant of letters; in administration and personal representatives, further providing for duty of personal representative; in apportionment of death taxes, further providing for enforcement of contribution or exoneration of Federal estate tax; in powers of attorney, further providing for implementation of power of attorney relating to beneficiaries on a life insurance policy; in estates, further providing for applicability of rule against perpetuities and for modification of conveyance by divorce and for effect of divorce on designation of beneficiaries; in trusts, further providing for notice of representation, for creditor's claim against settlor, for actions contesting validity of revocable trusts, for claims and distribution after settlor's death, for trustee's duty to inform and report, for illustrative powers of trustee and for limitation of action against trustee; in principal and income, further providing for power to convert to unitrust and for retirement benefits, individual retirement accounts, deferred compensation, annuities and similar payments; providing for formula clauses for Federal tax purposes; in dispositions independent of letters, family exemption, probate of wills and grant of letters, further providing for payments to family and funeral directors and making conforming amendments to Title 15. Also provided for is the designation of a spouse as a taker under the will after a divorce and the ability to and procedure for removing a fiduciary.

Effective Immediately, with exceptions

86

Oct. 27

SB 123

The Consumer Protection Against Computer Spyware Act provides for the protection of consumers from having spyware deceptively installed on their computers and for criminal and civil enforcement. Provisions detailed in the bill include definitions, computer spyware prohibitions, control or modification, misrepresentation and deception, nonapplicability, criminal enforcement, penalties, civil relief and construction.

Effective in 60 days

87

Oct. 27

SB 168

Amends The Borough Code further providing for regulation of contracts made by a borough owning or operating electrical generation or distribution facilities by adding that certain bidding requirement would be waived for those contracts made relating to the purchase of electricity and associated energy and related services with any of the following: a political subdivision; another state; the commonwealth or commonwealth agency; the federal government; a private corporation; an electric cooperative; a non-profit membership corporation; or an electric cooperative of another state. The bill also provides for additional contracting authority for electric power and energy by adding that a borough that is a member of a non-profit membership corporation may contract with the non-profit membership corporation for the development of electric power and associated energy or the purchase, sale, exchange, interchange, wheeling, pooling or transmission of electric power and associated energy or the right to the capacity from sources and projects for a period not to exceed fifty years. The bill provides for content of the contract. No borough may be obligated under a take-or-pay or take-and-pay arrangement entered into with a non-profit membership corporation in which the borough maintains membership unless that obligation is expressly authorized by the borough council. All obligations under a contract shall be paid from revenues derived from the operation of the borough's electric system, and payments shall be an operating expense of the borough's electric system.

          Effective      

       Immediately

88

Oct. 27

SB 298

Amends the Pennsylvania Farmland and Forest Land Assessment Act Adding that "agricultural reserve", "agricultural use" and "forest reserve" include any land devoted to the development and operation of an alternative energy system, if a majority of the energy annually generated is utilized on the tract. Provides when the owner of land with a preferential assessment my lease the land for pipe storage. The bill provides for special circumstances relating to split-off, separation or transfer; leasing for wireless service; utilization of land or conveyance of rights for exploration or extraction of gas, oil or coal bed methane; utilization of land for commercial alternative energy generation; death of landowner; temporary leases.

Effective in 60 days

89

Oct. 27

SB 384

Amends Title 51 (Military Affairs) providing the Adjutant General may issue commissions to Commonwealth employees of the Department of Military & Veterans Affairs to act as installation police officers at Fort Indiantown Gap and other Commonwealth military installations and facilities designated by the Adjutant General. Further provides for the powers and duties of the installation police. Also provides a person who violates a rule or regulation designated by the Adjutant General as being for the protection of persons or property at Fort Indiantown Gap commits a summary offense.

Effective in 60 days

90

Oct. 27

SB 900

Amends Titles 42 (Judiciary and Judicial Procedure) and 53 (Municipalities Generally) to create Housing Courts in the court of common pleas to help bring properties up to code. Jurisdiction of the courts and educational programs for the judges is provided. Also adds a chapter entitled the Neighborhood Blight Reclamation and Revitalization Act providing for neighborhood blight reclamation and revitalization. The bill provides for actions against an owner of a property with serious code violations by stating a municipality may institute certain enumerated actions against the owner of any building, housing or land in serious violation of an ordinance regarding a code or which causes the property to be in serious code violation. A lien may be placed against the assets of an owner of unremediated property with serious code violations after a judgment, decree or order is entered by a court of competent jurisdiction against the owner of the property. The bill provides for duties of out-of-State owners of real estate and association or trust owners. Additionally, the legislation outlines when a municipality may deny issuing a building permit, zoning permit, or other such permit. The administrative office of Pennsylvania courts may develop and implement annual and ongoing education and training programs for judges, including magisterial district judges, regarding the laws of PA relating to blighted and abandoned property and the economic impact that blighted and abandoned properties have upon municipalities. Municipal permit denial and relief for inherited property is provided generally.

Effective in 180 days

91

Oct. 27

SB 910

Amends The Borough Code adding language pertaining to civil service for police and firemen providing an applicant selected from the eligibility list shall receive an offer of employment which shall be conditioned upon the appointee undergoing a physical and psychological medical examination and a determination that the appointee is capable of performing all the essential functions of the position. Redress actions for refusal to certify an applicant after examination is provided. Also provides for general provisions relating to examinations, rejection of applicant, hearings, manner of filling appointments, and probationary periods. Promotions are also provided for.

Effective Immediately

92

Oct. 27

SB 912

Amends the act entitled "An act providing and regulating the appointment, promotion and reduction in rank, suspension of operators of fire apparatus in 1st class townships" adding language providing an applicant selected from the eligibility list shall receive an offer of employment which shall be conditioned upon the appointee undergoing a physical and psychological medical examination and a determination that the appointee is capable of performing all the essential functions of the position. Redress for those not given offers after examination is provided in the form of a public hearing. Also provides for general provisions relating to examinations, hearings and probationary periods. Promotions are provided for.

Effective Immediately

93

Oct. 27

SB 918

Amends Title 53 (Municipalities Generally) consolidating and amending the Third Class County Assessment Board Law, The Fourth to Eighth Class and Selective County Assessment Law and provisions of The County Code relating to auxiliary board of assessment appeals and assessment of signs and sign structures; and making related repeals. Also provides for agreements for fire protection services in cities of the second class (Pittsburgh). A chapter is added to regulate municipal pensions for cities of the second class.

Effective Immediately

94

Oct. 27

SB 1157

Act designating Traffic Route 283 (State Route 300), from the PA Turnpike Interchange in Lower Swatara Township, Dauphin County, to State Route 30 in Manheim Township, Lancaster County, as the 283rd Field Artillery Battalion Highway.

Effective in 60 days

95

Oct. 27

SB 1161

Amends Titles 42 (Judiciary and Judicial Procedure) and 61 (Prisons and Parole) further providing for adoption of guidelines for sentencing; providing for adoption of risk assessment instrument; in general administration, providing for powers and duties of department; in county jail oversight board in counties of the second class and second class A, further providing for scope of subchapter, for definitions and for county jail oversight board; in inmate labor, adding provisions relating to State correctional institutions and the Prison Labor Commission; in inmate prerelease plans, providing for inmates serving short minimum sentences; in motivational boot camp, providing for evaluation; in State intermediate punishment, further providing for evaluation and for reports; in probation and parole, providing for release to group-based home providers; further providing for parole power; in interstate compacts, further providing for powers of Attorney General; providing for Interstate Compact for the Supervision of Adult Offenders fee; providing for confidentiality of victim information; further providing for board actions, for general powers of the board, for parole power, for violation of terms of parole, for victim statements, testimony and participation in hearing and for supervisory relationship to offenders; transferring sums to the Pennsylvania Commission on Sentencing; providing for adult supervision fee; and making editorial changes and a related repeal. Bill also details additional requirements for state correctional institutions. When inmates may be hired and how their supplies are to be paid for is provided. Also, in counties of the sixth, seventh, or eighth classes, when a group home offers housing to a person convicted of murder or a similar offense, the group home must notify the governing body of the municipality and a hearing shall be held to determine whether the person should live in the municipality. Parole power is given in order to allow inmates to finish prescribed treatment on an out-patient basis while on parole, instead of incarcerated. Additional requirements are placed upon serving the rest of a paroled sentence when a person has been convicted on another offense and factors to consider when determining whether to supervise and inmate are provided. Powers are removed from the Attorney General regarding suitability of inmates and given solely to the Secretary of the Department of Corrections.

Effective Immediately

96

Oct. 27

SB 1169

Amends Title 42 (Judiciary and Judicial Procedure) extending the sunset of 1725.1 (Costs) to 2025. The bill also further provides for sentencing generally and for collection of restitution, reparation, fees, costs, fines and penalties by requiring the court to order the defendant to pay costs. In the event the court fails to issue an order for costs pursuant to section 9728, costs shall be imposed upon the defendant under this section. No court order shall be necessary for the defendant to incur liability for costs. The court's power under Pa. Rule of Evidence 706(c) is not limited by this bill. Bill also provides for the detention of a child subject to criminal proceeding who has not posted bail. Such a child shall be placed in a secured detention facility approved by the Department of Public Welfare for the detention of an alleged and adjudicated delinquent child. The child can still post bail if detained and provisions detailing when the child shall be transferred to county jail are provided.

Effective Immediately, with exceptions

97

Oct. 27

SB 1181

Amends the Insurance Company Law by creating civil immunity for certain people in the insurance industry for the acts of libel, slander, bad faith in the absence actual malice. The bill provides for related repeals and definitions.

Effective in 60 days

98

Oct. 27

SB 1288

Act designating the replacement bridge for the bridge carrying State Route 2018 over the Monongahela River from the Borough of North Charleroi, Washington County, to the City of Monessen, Westmoreland County, as the Governor John K. Tener Memorial Bridge

Effective Immediately

99

Oct. 27

SB 1320

Act designating Interstate 84, within this Commonwealth, as the Fallen Trooper Memorial Highway; and designating a bridge in Clarks Summit, Lackawanna County, as the John E. Fitzgerald Memorial Bridge.

Effective in 60 days

100

Oct. 27

SB 1328

Amends the Board of Vehicles Act defining "site-control agreement" or "exclusive use agreement." Adds language to the list of unlawful coercive acts providing it shall be a violation for any manufacturer, factory branch, distributor, field representative, officer, agent or any representative whatsoever of such manufacturer, factory branch or distributor to require, attempt to require, coerce or attempt to coerce any new vehicle dealer to sell, offer to sell or sell exclusively an extended service contract, extended maintenance plan or similar product such as gap products, offered, endorsed or sponsored by the manufacturer or distributor by any of the means outlined in the legislation. Also adds it shall be a violation to directly or indirectly condition certain enumerated actions on a dealer, prospective dealer or owner of an interest in a dealership franchise or facility to enter into a site control agreement or exclusive use agreement.

Effective in 60 days

101

Oct. 27

SB 1360

Amends Title 23 (Domestic Relations), in adoption, to add a subchapter D dealing with a voluntary agreement for continuing contact to allow the birth parents and other birth relatives to contract for continuing contact that is in the best interests of the child. Parties to the agreement are limited and if the child is over 12 years old, the agreement may not be entered into without the child's approval. Filing procedures are detailed as well as provisions detailing non-compliance with the agreement. Enforcement remedies are provided and the agreement may be discontinued under certain circumstances. A subchapter B is also added detailing records and access to information. The subchapter details information regarding a child that must be made available upon request. The persons to whom the information may be made available and the types of information are limited. Subchapter C is also added to form an information registry to retain information on adopted children. The registry must be publicized and those people who may request information from the registry are limited to certain family members and interested parties. The subchapter also limits the type of information that is to be released. Additions are further made to subchapter D detailing what specific information may be released for each category of request.

Effective in 180 days

102

Oct. 27

SB 1429

Amends Title 53 (Municipalities Generally) further providing for the consolidations and mergers of two or more municipalities; establishing the Commonwealth Municipalities Consolidation and Merger Program within the Department of Community and Economic Development to provide financial assistance for mergers and consolidations; providing that at the same time that voters approve or disapprove the consolidation or merger of two or more municipalities, voters may approve or disapprove a new home rule charter or an optional plan; and stating municipalities in the program would receive priority for economic and community development assistance under existing Commonwealth programs for five years. Home rule chartered municipalities may not follow the same merger procedure as all others unless a study by a government entity studying an optional plan has been completed.

Effective in 60 days

103

Nov. 18

HB 2614

Act designating the State Street (SR4028) Bridge over the Schuylkill River in Hamburg Borough and Tilden Township, Berks County, as the Senator Jim Rhoades Memorial Bridge.

Effective in 60 days

104

Nov. 22

HB 101

Amends the Public School Code, in school districts, further providing for reports to Department of Education and providing for value-added assessment system and for drop-out data collection; in intermediate units, further providing for financial reports; providing for payment of fees associated with certification by the National Board for Professional Teaching Standards; in certification of teachers, further providing for disqualifications relating to teacher's certificate; in pupils and attendance, further providing for residence and right to free school privileges and providing for emergency permits at approved private schools and chartered schools for the deaf and blind; in provisions relating to safe schools, further providing for definitions and for the Office for Safe Schools; providing for regulations; and further providing for reporting by school entities; in school health services, further providing for possession and use of asthma inhalers and epinephrine auto-injectors, for medical examinations of teachers and other persons and for duties of Department of Education; in terms and courses of study, providing for economic education and personal financial literacy programs, for state standards for business, computer and information technology courses and for dating violence education; establishing the Science Technology Partnership Program; in high schools, further providing for academic degrees; in charter schools, further providing for facilities; providing for the Older Pennsylvanian Higher Education Program, for course materials at institutions of higher education and for sexual violence education at institutions of higher education; in reimbursements by Commonwealth and between school districts, further providing for effect of failure to file reports; and making editorial changes and related repeals.

Effective Immediately, with exceptions

105

Nov. 23

HB 60

Amends the Housing Finance Agency Law establishing the Pennsylvania Housing Affordability and Rehabilitation Enhancement Program to provide funding for: (1) projects to provide safe and sanitary dwellings for sale or rent to low-income and moderate-income individuals or families; (2) projects to increase the availability or quality of housing for elderly persons; (3) projects to increase the availability or quality of accessible housing for persons with disabilities; (4) projects to prevent or reduce homelessness; (5) projects to encourage the development and rehabilitation of distressed neighborhoods; (6) projects to provide mortgage or rental assistance, including housing counseling, foreclosure prevention and refinancing products; or (7) projects to provide loans, low-interest loans or grants to low-income and moderate-income individuals or families who are owner-occupants for repairs and improvement to sustain or increase the conditions of the home. Money for projects may be used for predevelopment activities, acquisition and disposition of real or personal property, site preparation, or construction, reconstruction, alteration and repair of existing structures, improvements and infrastructure. The agency would annually report to the Governor, Auditor General and Chairmen of the House Commerce and Senate Urban Affairs and Housing Committees. The program is contingent upon the availability of program funds.

Effective in 90 days

106

Nov. 23

HB 174

Amends Title 3 (Agriculture) codifying the Public Eating and Drinking Place Law and the Food Act; providing for the protection of public health and for regulations; requiring licensing; further providing for organic foods, for maple products, for food employee certification and for farmers' market; providing for penalties; and making related repeals. All retail food facilities are required to be licensed except those specifically exempt. Exempt facilities include food banks, soup kitchens, school cafeterias, and certain facilities owned by charitable nonprofits. The bill provides for registration of business and products, cleanliness standards, certification programs and certification of employees, inspections and reports. A chapter on food safety is added. Bill also repeals chapters 59 and 63 of Title 3.

Effective in 60 days

107

Nov. 23

HB 196

Amends The Controlled Substance, Drug, Device and Cosmetic Act prohibiting the sale at retail of any product containing ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers or salts of optical isomers as the sole active ingredient unless the product is offered for sale behind a counter where the public is not permitted or the product is offered for sale within a locked cabinet that is located in an area of the facility to which customers do not have direct access.

Effective in 60 days

108

Nov. 23

HB 708

The Covered Device Recycling Act prohibits a manufacturer or retailer from selling or offering to sell a new covered device unless the brand is included on the list of registered manufacturers and their brands maintained by the Department of Environmental Protection. "Covered device" is defined as a covered computer device and covered television device marketed and intended for use by a consumer. No later than six months after the effective date, the department shall maintain a list of each registered manufacturer, the brands of all covered devices reported in each manufacturer's registration and the brands of covered devices for which no manufacturer has registered and post the list of the department's website. The legislation requires a manufacturer of new covered devices to pay a registration fee of $5,000 and provides for powers and duties of the Department of Environmental Protection. The Environmental Quality Board is authorized to adjust fees through regulation. Any manufacturer that fails to label its new covered devices with a brand may be assessed a penalty of up to $10,000 for the first violation and up to $25,000 for the second and each subsequent violation in addition to paying for any fees, payments and penalties. The bill further establishes the Electronic Materials Recycling Account in the General Fund. All proceeds resulting from the manufacturer's registration fees, renewal fees, penalties and judicial actions shall be deposited into the account. The department may expend the moneys from the account only to carry out the duties imposed on the department under this act.

Effective in 60 days

109

Nov. 23

HB 1394

Amends the Pennsylvania Farmland and Forest Land Assessment Act further providing for definitions. Further provides the wind power generation system shall include the foundation of the wind turbine and the area of the surface covered by appurtenant structures. Also the utilization of a portion of the land for a wind power generation system shall not invalidate the preferential assessment if it continues to meet the requirements of section three. The bill also provides for removal of land from preferential assessment. Penalties for ineligible use are provided.

Effective Immediately

110

Nov. 23

HB 1482

Amends Health Care Facilities Act providing for photo identification tag regulations by stipulating the department shall promulgate regulations to require each employee to wear a photo identification tag at all times when the employee is working. The bill provides for the design of the tag and required information to be on the tag. Interim regulations are provided for as well as exceptions.

Effective in 60 days

111

Nov. 23

HB 1609

Amends PA Municipalities Planning Code further defining "traditional neighborhood development"; further providing for grant of power to municipalities by stipulating that a zoning ordinance may authorize and provide standards, conditions and regulations for traditional neighborhood development, for standards and conditions for traditional neighborhood development designations and for manuals of written and graphic design guidelines; and providing for subdivision and land development ordinance provisions applicable to traditional neighborhood development.

Effective in 60 days

112

Nov. 23

HB 1639

Amends Titles 23 (Domestic Relations) and 42 (Judiciary) making comprehensive revisions of Pennsylvania's child custody laws. Provides a comprehensive list of factors that the court must consider in awarding custody including; a determinate of which party is more likely to encourage and permit frequent and continued contact between the child and the other party; the parental duties performed by each party on behalf of the child; the need for stability and continuity in the child's education, family life and community life; the availability of extended family; and the child's sibling relationships. Provides for duties of guardians and for the relocation of hearings. The court is mandated to state on the record its reasons for the custody decision. Also includes a framework for a judge to use when making decisions in child relocation cases.

Effective in 60 days

113

Nov. 23

HB 2139

The Pennsylvania Agricultural Surplus System Act authorizes the Department of Agriculture to establish the Pennsylvania Agricultural Surplus System (PASS) as a system for the Commonwealth's food industry to donate, sell or otherwise provide food products to the charitable food organizations in existence within this Commonwealth. Preemption is also provided for.

Effective in 60 days

114

Nov. 23

HB 2172

Amends Title 42 (Judiciary and Judicial Procedure) increasing the jurisdictional limits for the Philadelphia Municipal Court and magisterial district judges to $12,000. Also, the fifteenth judicial district is allowed to have a court consisting of 13 judges. This expansion is set to retire on January 6, 2014.

Effective in 60 days

115

Nov. 23

HB 2258

Amends Title 42 (Judiciary and Judicial Procedure) further providing for disposition of dependent children. Provides that prior to entering any order of disposition that would remove a dependent child from his home, the court shall enter certain findings on the record or in the court order. Further provides for visitation for child and sibling and for matters to be determined at permanency hearing.

Effective in 60 days

116

Nov. 23

HB 2273

Amends Title 3 (Agriculture), in domestic animals, by requiring a $150 fee to be paid for a new license or license renewal. The fees collected shall be placed in the Cervidae Livestock Operation Account. The bill places limits on the use of the funds in the account.

Effective in 60 days

117

Nov. 23

HB 2275

Act authorizing the Department of Conservation and Natural Resources, with the approval of the Governor, to grant and convey to the Canaan Bible Chapel certain lands situate in South Canaan Township, Wayne County, in exchange for certain property in South Canaan Township, Wayne County, to be conveyed by the Canaan Bible Chapel to the Commonwealth of Pennsylvania; authorizing the Department of General Services, with the approval of the Department of Education and the Governor, to grant and convey to Marywood University approximately ten acres including nine buildings and all improvements thereon, known as the Scranton State School for the Deaf, situate at 1800 N. Washington Avenue in the City of Scranton and Borough of Dunmore, Lackawanna County; authorizing the Department of General Services, with the approval of the Governor, to grant and convey certain lands situate in the 38th Ward of the City of Philadelphia, Philadelphia County; authorizing the Department of General Services, with the approval of the Governor and the Department of Public Welfare, to grant and convey to Frenchcreek Township, Venango County, approximately 1.15-acres and improvements thereon, together with a 50' right-of-way, at Polk Center, situate in Polk Borough, Venango County; authorizing the Pennsylvania Game Commission to transfer, sell and convey certain Project 70 lands free of restrictions imposed by the Project 70 Land Acquisition and Borrowing Act; authorizing the release of Project 70 restrictions imposed on certain lands owned by the City of York, York County, under certain conditions; imposing Project 70 restrictions on certain lands being conveyed to the City of York; authorizing the Department of General Services, with the approval of the Governor, to grant and convey to Aloe Brothers LLC, certain lands situate in South Fayette Township, Allegheny County; authorizing the Department of General Services, with the approval of the Governor, to grant and convey to Indiana University of Pennsylvania certain lands situate in White Township, Indiana County; authorizing the Department of General Services, with the approval of the Department of Corrections and the Governor, to dedicate, grant and convey to the Frackville Area Municipal Authority, a waste water system and appurtenances, together with easements for public sewer purposes, situate in Ryan Township, Schuylkill County; and authorizing the sale and transfer of title for Project 70 lands owned by Erie County to Harborcreek Township, Erie County.

Effective Immediately

118

Nov. 23

HB 2321

Amends Titles 4 (Amusements), 18 (Crimes and Offenses) and 35 (Health and Safety) consolidating the Public Safety Emergency Telephone Act; further providing for definitions, for the Wireless E-911 Emergency Services Fund and for funding for support; providing for a legislative study and for termination; consolidating statutory provisions relating to firefighters, the State Fire Commissioner and grants to fire companies and other services; making editorial changes; and making related repeals.

Effective in 60 days

119

Nov. 23

HB 2338

The Children in Foster Care Act specifies the basic rights afforded to foster children including, but not limited to, treatment with fairness, dignity and respect; freedom from discrimination; freedom from harassment, corporal punishment, unreasonable restraint and physical, sexual, emotional and other abuse; living in a safe, healthy home; proper nourishment and clothing; access to medical, dental, vision, mental health, behavioral health and drug and alcohol abuse and addiction services; and permission to visit and have contact with family members. Also provides for a grievance policy and procedure; for notice requirements for children in foster care; and provides for a definition of "corporal punishment".

Effective in 120 days

120

Nov. 23

HB 2497

Amends Titles 24 (Education) and 71 (State Government), in Title 24, further providing for definitions, for mandatory and optional membership, for contributions by the Commonwealth, for payments by employers, for actuarial cost method, for additional supplemental annuities, for further additional supplemental annuities, for supplemental annuities commencing 1994, for supplemental annuities commencing 1998, for supplemental annuities commencing 2002, for supplemental annuities commencing 2003, for administrative duties of board, for payments to school entities by Commonwealth, for eligibility points for retention and reinstatement of service credits and for creditable nonschool service; providing for election to become a Class T-F member; further providing for classes of service, for eligibility for annuities, for eligibility for vesting, for regular member contributions, for member contributions for creditable school service, for contributions for purchase of credit for creditable nonschool service, for maximum single life annuity, for disability annuities, for member's options, for duties of board regarding applications and elections of members and for rights and duties of school employees and members; providing for Independent Fiscal Office study; in Title 71, establishing an independent fiscal office and making a related repeal; further providing for definitions, for credited State service, for retention and reinstatement of service credits, for creditable nonstate service and for classes of service; providing for election to become a Class A-4 member; further providing for eligibility for annuities and for eligibility for vesting; providing for shared risk member contributions for Class A-3 and Class A-4 service, further providing for waiver of regular member contributions and Social Security integration member contributions, for member contributions for purchase of credit for previous State service or to become a full coverage member, for contributions for the purchase of credit for creditable nonstate service, for contributions by the Commonwealth and other employers, for actuarial cost method, for maximum single life annuity, for disability annuities and for member's options; providing for payment of accumulated deductions resulting from Class A-3 service; further providing for additional supplemental annuities, for further additional supplemental annuities, for supplemental annuities commencing 1994, for supplemental annuities commencing 1998, for supplemental annuities commencing 2002, for supplemental annuities commencing 2003, for special supplemental postretirement adjustment of 2002, for administrative duties of the board, for duties of board to advise and report to heads of departments and members, for duties of board regarding applications and elections of members, for installment payments of accumulated deductions, for rights and duties of State employees and members, for members' savings account, for State accumulation account, for State Police Benefit Account, for Enforcement Officers' Benefit Account, for supplemental annuity account and for construction of part; and providing for Independent Fiscal Office study, for retirement eligibility of Pennsylvania State Police officers or members, for a prohibition on the issuance of pension obligation bonds, for holding certain public officials harmless, for construction of calculation or actuarial method, for applicability and for certain operational provisions.

Effective Immediately, with exceptions

121

Nov. 23

HB 2521

The Anatomic Pathology Service Disclosure Act outlines disclosure requirements for anatomic pathology services and provides for penalties. A definition for "physician" is provided and "physician" replaces "health care provider" throughout the bill.

Effective in 60 days

122

Nov. 23

HB 2547

Amends Title 7 (Banks and Banking) to provide definitions and adds that in order to qualify for a license exception, the entity must ensure that all mortgage brokers and originators are licensed. A seller or holder of an installment sales contract for a manufactured home must be licensed by a mortgage originator, register with the department, and comply with other requirements in order to be excepted from the licensing requirements.

Effective Immediately

123

Nov. 23

SB 441

Amends Public School Code to require the denial of a teaching certificate to anyone who cannot pass a physical or mental examination conducted by a physician, physician's assistant, or certified nurse practitioner. Also, a teaching certificate may not be issued to anyone who engages in the illegal use of drugs or alcoholic beverages. Also contains provisions relating to high school closures in school districts of the third class and the transfer of the students in the closed high school.

Effective Immediately

124

Nov. 23

SB 642

Amends the Sign Language Interpreter & Transliterator State Registration Act adding language providing an individual may apply to the Office for the Deaf and Hearing Impaired for a provisional registration to be a sign language interpreter or transliterator. The legislation outlines the qualifications for provisional registration, renewal, fees and surrender of provisional registration.

Effective Immediately

125

Nov. 23

SB 906

Amends Titles 3 (Agriculture) & 18 (Crimes & Offenses) providing for definitions of "agricultural biosecurity area" and for "posted notice"; and further providing for keeping and handling domestic animals, ecoterrorism and trespassing by incorporating language related to agricultural biosecurity areas. Grading of the offense is also provided.

Effective Immediately

126

Nov. 23

SB 976

Amends the Pennsylvania Amber Alert System Law to require the Pennsylvania State Police to establish and maintain the Missing Endangered Person Advisory System to assist in the recovery of missing persons who are at special risk of harm or injury, through prompt notification to the general public, appropriate law enforcement authorities and other agencies. The legislation outlines how the system would be used and provides for prohibited uses of both systems.

Effective in 60 days