Thursday, March 31, 2005

HB 476: Permission Required to Send a Commercial Fax

H.B. 476, P.N. 515 (REICHLEY). This would amend the Unsolicited Telecommunication Advertisement Act 222 of 2002, P.L. 1810.
This would prohibit anyone from sending a commercial fax to another person without signed, written prior permission or invitation from the recipient to have such a fax sent.

Wednesday, March 30, 2005

HB 114: Racketeering Activity Definition Expansion

H.B. 114, P.N. 112 (BLAUM). This would amend Title 18 (Crimes and Offenses).
This would expand the definition of “racketeering activity” to include criminal mischief and other property destruction, deceptive of fraudulent business practices, lottery offenses, offenses related to gambling devices and gambling, offenses related to pool selling and bookmaking, and violating the Pennsylvania Securities Act.

HB 1027: Naming the Academic Training Building

H.B. 1027, P.N. 1183 (DeWEESE). This would create an act to name the Academic Training Building at Fort Indiantown Gap the Major General Henry K. Fluck Academic Training Building.

Tuesday, March 29, 2005

HB 823: Capital Budget Appropriations

H.B. 823, P.N. 856 (FEESE). This appropriates $681,000,000 to the capital budget.

HB 822: Workers' Compensation System Appropriations

H.B. 822, P.N. 855 (FEESE). This appropriates $57,709,000 to the workers’ compensation system.

HB 821: Professional and Occupational Affairs Bureau Appropriations

H.B. 821, P.N. 854 (FEESE). This appropriates $35,711,000 to the Professional and Occupational Affairs Bureau.

HB 816: Public Utility Commission Appropriations

H.B. 816, P.N. 849 (FEESE). This appropriates $50,369,000 to the Public Utility Commission.

HB 820: Public School Employees' Retirement Board Appropriations

H.B. 820, P.N. 853 (FEESE). This appropriates $39,539,000 to the Public School Employees’ Retirement Board.

HB 819: State Employees' Retirement Board Appropriations

H.B. 819, P.N. 852 (FEESE). This appropriates $24,187,000 to the State Employees’ Retirement Board.

HB 818: Small Business Advocate Appropriations

H.B. 818, P.N. 851 (FEESE). This appropriates $975,000 to the Small Business Advocate’s Office.

HB 817: Consumer Advocate's Office Appropriations

H.B. 817, P.N. 850 (FEESE). This appropriates $4,846,000 to the Consumer Advocate’s Office.

H.B. 815: General Fund Appropriations

H.B. 815, P.N. 848 (FEESE). This appropriates funds for the General Fund for Fiscal Year 2005-2006.

HB 171: Occupational Disease Hepatitis B Benefits Extension

H.B. 171, P.N. 239 (GOODMAN). This would amend the Workers’ Compensation Act 338 of 1915, P.L. 736.
The definition of an employee eligible for occupational disease workers compensation benefits would be expanded to include employees who get hepatitis C who are state and country probation and parole officers and Environmental Protection Department employees who are exposed to hepatitis C in their field environment.

HB 498: Corporate False Swearing

H.B. 498, P.N. 537 (GANNON). This would amend Title 18 (Crimes and Offenses).
This would make it a crime to make a false swearing that is tended to mislead about the true financial condition of a corporation in a financial report to stockholders, annual report of directors or other body, or in a document filed with a Federal or state agency.

HB 894: Continuing Education Exemption for Returned Retired School Employees

H.B. 894, P.N. 1455 (SAYLOR). This would amend the Public School Code, Act 14 of 1949, P.L. 30.
This would state that a retired public school employee would returns to public school employment for less than 180 days would not be required to fulfill the continuing education requirement.

HB 1059: Deceptive and Fraudlent Business Practices

H.B. 1059, P.N. 1215 (WALKO). This would amend Title 18 (Crimes and Offenses).
This would create penalties for deceptive and fraudulent business practices. A violation involving over $500,000 would be a first degree felony, a violation involving $100,000 or more but under $500,000 would be a second degree felony, a violation involving $2,000 or more but under $100,000 would be a third degree felony, a violation involving $200 or more but under $2,000 would be a first degree misdemeanor, and a violating involving under $200 or an amount that cannot be ascertained would be a second degree misdemeanor. A sentence for such intentional violations involving the Commonwealth, a political subdivision, a local authority, or a public or private charitable organization could result in an additional five years or less imprisonment above other maximum imprisonment penalties.

HB 877: Public Safety Department

H.B. 877, P.N. 1000 (SEMMEL). This would amend Title 44 (Law and Justice) and Title 71 (State Government).
This would change Title 44, the Law and Justice title, to the Law and Public Safety title.
The Public Safety Department would be created. This department along with the State Police, which currently exists under Title 44, would be placed within the Executive branch under Title 71.
A Homeland Security Agency would be created within the Public Safety Department.

HB 876: Education Support Services Grants Payment

H.B. 876, P.N. 999 (SCRODER). This would amend the Public School Code, Act 14 of 1949, P.L. 30.
An educational support services grant recipient would be required to sign a certificate for education support services to the educational support services provider. The Education Department would pay the provider directly, rather than pay the grant recipient directly as under current law.

HB 875: National Guard and Emergency/Law Personnel Death Benefits Increase/Extensions

H.B. 875, P.N. 998 (HUTCHINSON). This would amend the Emergency and Law Enforcement Personnel Death Benefits Act 101 of 1976, P.L. 424.
This would allow a National Guard member who dies in the performance of duties (as opposed to who is “killed in” performance of such duties, as under current law) to be eligible for death benefits under this Act.
A firefighter, ambulance service or rescue squad member, State police officer, law enforcement officer, or National Guard member who dies from a heart attack or a stroke on duty or within 24 hours after responding to an emergency or participating in a physical training exercise would be eligible for death benefits under this Act.
This death benefit would be increased to $100,000 (and then indexed to the Consumer Price Index as already required under current law).

HB 859: Tax Calculation for Vehicles Sold for Dealer Use and Resale

H.B. 859, P.N. 982 (TURZAI). This would amend the Tax Reform Code, Act 2 of 1971, P.L. 6.
This would delete that only a new or used motor vehicle sold to be used and resold by a dealer within one year would be subject to a use tax according to the vehicle’s fair rental value. Thus, all such sales to dealers would be subject to the use tax according to the vehicle’s fair rental value instead of the vehicle’s fair market value, as under current law.

HB 855: Fire Fighter Force Reduction

H.B. 855, P.N. 978 (KENNEY). This would amend Title 53 (Municipalities Generally).
This would require, should a city of the first class, second class, second class A, or third class, providing public notification, holding public hearings, and issuing an impact study should such a city government propose reducing or eliminating a ladder or engine fire fighter force.

HB 854: Terrorism Infrastructure Disclosure Protection

H.B. 854, P.N. (RUBLEY). This would create the Terrorism Infrastructure Disclosure Protection Act.
This would prohibit the disclosure of information that would endanger public safety or property, endanger a person’s security or property, or disclose or compromise protecting a public utility. A violation of this could be punishment by two years or less imprisonment and a fine of $5,000 or less.

HB 761: Invasion of Privacy

H.B. 761, P.N. 923 (FAIRCHILD). This would amend Title 18 (Crimes and Offenses).
This would expand the crime of “invasion of privacy” to include, for purpose of sexual arousal or gratifying another’s sexual desire, electronically depicting or otherwise recording a nude person at a time such a person would reasonable expect privacy; viewing, videotaping, electronically depicting, filming, or recording a person’s intimate body part, clothed or not, when such a person did not intend such body part to be visible to normal public observation and was done without such a person’s knowledge and consent; or transferring such an image onto the Internet, through electronic mail, by live or recorded telephone message, or any other image storing transfer medium. Each offense against each victim would be a separate violation.

HB 758: Biological or Chemical Attack Preparations

H.B. 758, P.N. (CORRIGAN). This would amend the Hazardous Material Emergency Planning and Response Act 165 of 1990, P.L. 639.
The Emergency Management Council would review preparations for a biological or a chemical terrorist attack in its certifying hazardous material response teams.

HB 700: Lobbying Disclosure

H.B. 700, P.N. 917 (MAHER). This would amend Title 65 (Public Officers).
This would create the Lobbying Disclosure Act. A lobbyist or lobbying firm would be required to register as a lobbyist within ten days of receiving $2,500 compensation or uses $2,500 of employee time for lobbying activity, or for expending over $500 in gifts, hospitality, transportation, or lodging to a state official, state employee, or member of the immediate family of such.
A registered principal lobbyist would be required to file quarterly reports, whenever quarterly expenses exceed $500, that include the total costs of direct influence expenses, indirect influence expenses, or total costs of gifts, hospitality, transportation, lodging, and receptions given to state official, state employees, or their immediate families.
The Ethics Commission would be able to investigate violations of this Act, impose civil penalties, and refer cases to the Attorney General for criminal investigation.

HB 695: Criminal Justice System Enhancement Account

H.B. 695, P.N. 788 (BROWNE). This would amend Title 42 (Judiciary and Judicial Procedure).
This would create a Criminal Justice System Enhancement Account. A fee of $20 would be charged to every drug crime offender, except on those whom this would create an undue hardship, with these funds placed into this Account. The country collecting a fee may keep no more than 5% of the fee to pay for collection costs. Of remaining funds, 65% would be allocated to the Pennsylvania Commission for Community College for enhancing local criminal justice system policies, procedures, and work processes and 35% would be allocated to law enforcement agencies for maintaining arrest and arraignment systems as well as future criminal data systems and services.

HB 650: Unlimited Net Loss Deductions

H.B. 650, P.N. 1458 (TURZAI). This would amend the Tax Reform Code, Act 2 of 1971, P.L. 6.
This would allow unlimited net loss deductions from taxes in future years, and retrospective to 2000, for applicable corporations.

HB 629: Criteria for Agricultural Conservation Easement Purchases

H.B. 629, P.N. 702 (BUNT). This would amend the Agricultural Area Security Law, Act 43 of 1981, P.L. 128.
This would add a criterion for when an agricultural conservation easement is purchased is that the farmland be at least 50 acres of contiguous acres, or is at least 10 acres in size and grows a unique crop, or is contiguous to property with a perpetual conservation easement, or is 25 acres and held by a qualified conservation organization.

HB 619: Easements for Commercial Equine Activity

H.B. 619, P.N. 692 (HERSHEY). This would amend the Agricultural Area Security Law, Act 43 of 1981, P.L. 128.
This would allow land for a commercial equine activity to be included as land that may be included as an agricultural security area and used as an agricultural conservation easement purchase.

HB 612: Wastewater System Security

H.B. 612, P.N. 685 (RUBLEY). This would amend the Pennsylvania Infrastructure Investment Authority, Act 16 of 1988, P.L. 82.
This would define “security” as an infrastructure improvement to a wastewater system designed against threats and vulnerabilities to public health threats, as determined by the Drinking Water State Revolving Fund Program and the Clean Water Revolving Fund Program of the U.S. Environmental Protection Agency.

HB 599: Volunteer Fire Company Grants Written Instructions/Guidelines

H.B. 599, P.N. 672 (NAILOR). This would amend the Volunteer Fire Company and Volunteer Ambulance Service Grant Act 17 of 2003, P.L. 73.
This would require written instructions and guidelines (rather than applications as under current law) of such grants to be provided. Applications for these grants would be extended past their current dates, which have, or soon will have, expired under current law.

HB 566: Family Caregiver Support

H.B. 566, P.N. 639 (BAKER). This would amend the Family Caregiver Support Act 204 of 1990, P.L. 1234.
The maximum amount available to a caregiver, who is under 200% of the poverty level, for out of pocket expenses for wheelchair ramps, grab bars, and safety devices would be limited to $600 per month (an increase from the current law setting this at $200 a month) and $6,000 (an increase from the current law setting this at $2,000) total during the duration of the case.

HB 523: Pennsylvania State Police Day

H.B. 523, P.N. 1409 (FORCIER). This would create an act to observe the 100th anniversary of the Pennsylvania State Police. May 2 of each year would be designated the Pennsylvania State Police Day.

HB 515: Business Income Apportionment for Tax Purposes

H.B. 515, P.N. 1457 (REED). This would amend the Tax Reform Code, Act 2 of 1971, P.L. 6.
This would, for corporate net income tax purposes, apportion business income by multiplying income by the sales factor. This would base business income on sales within Pennsylvania.

HB 498: Corporate False Swearing

H.B. 498, P.N. 537 (GANNON). This would amend Title 18 (Crimes and Offenses).
This would make it a crime to make a false swearing that is tended to mislead about the true financial condition of a corporation in a financial report to stockholders, annual report of directors or other body, or in a document filed with a Federal or state agency.

HB 493: Allegheny County Recorder of Deeds Fee

H.B. 493, P.N. 532 (PISTELLA). This would amend the Second Class County Recorder of Deeds Fee Law, Act 240 of 1919, P.L. 476.
An additional $5 fee would be attached to the charges of filing a document with the Allegheny County Recorder of Deeds. Of these additional funds, 60% would be provided for improving Recorder of Deeds office records management and 40% would be placed in the County Records Improvement Fund.

HB 486: Land Conveyance in Upper Dublin Township

H.B. 486, P.N. 525 (McGILL). This would create a new Act concerning Project 70 restrictions.
This would convey land to a private individual in Upper Dublin Township, Montgomery County, in return for imposing Project 70 restrictions on other land owned by this same individual.

HB 462: Crime of Supporting Terrorism

H.B. 462, P.N. 1075 (CRAHALLA). This would amend Title 18 (Crimes and Offenses).
This would create the crime of soliciting or providing support for terrorism and terrorist organizations. If the value of material support is over $1,000, this would be a second degree felony. Otherwise, this would be a third degree felony.

HB 477: Recovering Damages from Terrorism

H.B. 477, P.N. 1076 (BROWNE). This would amend Title 42 (Judiciary and Judicial Procedures).
This would allow a right of action to recover damages for death or injury or property damage to be brought against a person who knowingly provided material support or resources or aid to a terrorist or terrorist organization. Recovery could include general and specific damages, punitive damages, reasonable attorney fees and costs, and other relief as determined necessary and proper by the court.

HB 459: Tax Exemption for Donated Property

H.B. 459, P.N. 498 (GINGRICH). This would amend an act regarding delinquent local government taxes, Act 542 of 1947, P.L. 1368.
This would allow the owner of applicable property donated to a local government to be exempt from claims for taxes on said property.

HB 456: Terrorism

H.B. 456, P.N. 1074 (GOOD). This would amend Title 42 (Judiciary and Judicial Procedure).
This would create the crime of terrorism. It would be a crime of terrorism to violently intimidate or coerce a civilian population, influence government policy by intimidation or coercion, or affect government conduct. Such a violent misdemeanor or felony would be increased by one degree of offense. A first degree felony of terrorism would be punishable by 40 years or less of imprisonment and a fine of $100,000 or less.
A person engaged in planning or perpetrating terrorism could have foreign and domestic assets, connected to this terrorism, forfeited.
Property could be seized if there is probable cause to believe it is dangerous to health and safety, if it is believed it has been or is intended to be used for terrorism, or upon issuance of a search warrant or administrative inspection warrant that results in an arrest.
Forfeited property would be transferred to custody of the Attorney General or a District Attorney. It may be retained for official use or sold, with proceeds retained by the appropriate prosecuting offices.

HB 444: Juvenile Court Judges' Commission Retirement

H.B. 444, P.N. 483 (NICKOL). This would amend Title 71 (State Government).
This would delete the exemption that employees of the Juvenile Court Judges’ Commission have as members of the state retirement system as well as the option for such employees being a member of an independent retirement program. The retirement account of such a person could be credited to state service.

HB 402: Road Naming for Michael A. Cannavino

H.B. 402, P.N. 427 (FABRIZIO). This would create an act designating a portion of State Route 4016 as Michael A. Cannavino Way. The late Michael A. Cannavino was a member of the Erie City Council.

HB 399: Resumption of Prior Surname

H.B. 399, P.N. 425 (BUXTON). This would amend Title 54 (Names).
A surviving spouse seeking to resume a prior surname would be able to do so by filing notice with the county Prothonotary or similar county office, as opposed filing with the Clerk of Courts of Common Pleas as required under current law.

HB 395: Philadelphia Pensions for Remarried Surviving Spouses

H.B. 395, P.N. 422 (O’BRIEN). This would create an act concerning first class municipal pensions.
This would prohibit a Philadelphia municipal pension or city retirement system from denying surviving spouse pension and health care benefits to a surviving spouse, of a firefighter or fire department employee, who remarries.

HB 377: Lower Age for Philadelphia Compulsory Education

H.B. 377, P.N. 404 (ROEBUCK). This would amend the Public School Code, Act 14 of 1949, P.L. 30.
This would lower the compulsory school age in Philadelphia to age six from the current age of eight. An exception to this would be permitted for a child whose parent or legal guardian has informed the School Superintendent that the parent or guardian will be providing for the child’s education.

HB 372: Third Class City Vacancy Elected Post Residency Requirement

H.B. 372, P.N. 399 (CAPPELLI). This would amend the Third Class City Code, Act 317 of 1931, P.L. 932.
This would require a person to have been a continuous resident of the city for the past year in order to be appointed to a vacancy in an elected office in a third class city.

HB 353: Occupational Disease Utilization Review Repeal/Expansion for Hepatitis C

H.B. 353, P.N. 1408 (DALLY). This would amend the Workers’ Compensation Act 338 of 1917, P.L. 736.
This would extend the definition of hepatitis C as an occupational disease to people who contract hepatitis C who are employed as a State Police officer, Capitol Police employee, Narcotics Bureau investigator, Liquor Control enforcement officer, Sheriff or Deputy Sheriff.
This would delete the use of health care utilization review to determine the reasonableness or necessity of treatment for occupational disease.

HB 339: Use of Annuitant Data

H.B. 339, P.N. 360 (KENNEY). This would amend Title 24 (Education).
This would allow an annuitant association (which would be defined as an incorporated nonprofit organization self-supported by membership dues of at least one fourth of retired system annuitant members) to use annuitant data for membership promotion and for analyzing legislative proposals concerning annuitants. This information that would be made available would include the home addresses and pre-retirement employer of annuitants.

HB 335: Emergency/Law Enforcement Death Benefits Availability Extended

H.B. 335, P.N. 356 (HALUSKA). This would amend the Emergency and Law Enforcement Personnel Death Benefits Act 101 of 1976, P.L. 424.
This would extend death benefits, as currently existing for firefighters, law enforcement officers, and ambulance squad members, to a member of a non-profit certified hazardous material response team.

HB 313: Bear/Elk Damage to Hives/Land

H.B. 313, P.N. 334 (HANNA). This would amend Title 34 (Game).
This would allow the owner of ten or more beehives, where bears are damaging or destroying the hives, to erect a deterrent fence against bears.
This would allow the owner or lessee of land that has been damaged by elk to eret a deterrent fence against elk.
An Elk Damage Fund would be created and would pay for properly reported elk damages to property. A person who submits a fraudulent claim would commit a first degree summary offense.

HB 312: Terrorism and Hindering Prosecution of Terrorism

H.B. 312, P.N. 1073 (GRELL). This would amend Title 18 (Crimes and Offenses).
This would create the crime of terrorism. It would be a crime of terrorism to violently intimidate or coerce a civilian population, influence government policy by intimidation or coercion, or affect government conduct. Such a violent misdemeanor or felony would be increased by one degree of offense. A first degree felony of terrorism would be punishable by 40 years or less of imprisonment and a fine of $100,000 or less.
This would create the crime of hindering prosecution for terrorism. It would be a crime to knowingly assist, harbor, transport, fund, conceal evidence about, or obstruct someone preventing the actions of a person who is engaging in terrorism. If the terrorist act results in a death of a person other than a terrorist, this would be a second degree felony; otherwise, it would be a third degree felony.

HB 279: Municipal Retirement System Administrative Expenses

H.B. 279, P.N. 302 (HERMAN). This would amend the Pennsylvania Municipal Retirement Law, Act 15 of 1974, P.L. 34.
This would permit the Pennsylvania Municipal Retirement System to pay administrative expenses that can not be paid, as currently stated in law, from the per member assessment funds, due to insufficient funds in this account, to be paid from excessive interest earnings above regular interest credited to members’ reserve accounts, for this year retroactive to 2001.

HB 267: Nonprofit Watershed Association First Class Township Appropriations

H.B. 267, P.N. 290 (FLEAGLE). This would amend the First Class Township Code, Act 331 of 1931, P.L. 1206.
This would allow Township Commissioners in a first class township to appropriate money to nonprofit watershed associations serving their township.

HB 266: Nonprofit Watershed Association Appropriations

H.B. 266, P.N. 289 (FLEAGLE). This would amend the Borough Code, Act 581 of 1966, P.L. 1656.
This would allow a borough to appropriate money to nonprofit watershed associations serving the borough.

HB 259: Licensing/Regulating Adult Living Residences

H.B. 259, P.N. 282 (WATSON). This would create an act concerning the licensing and regulation of adult living residences.
The Intra-Governmental Council on Long Term Care would make recommendations on rules and regulations concerning assisted living residences.
The Public Welfare Department would be the lead agency in licensing and regulating adult living residences. The Department would have the right to inspect, with full access, an assisted living residence. Residences found to be facing health and safety risks would be relocated by the Department in conjunction with appropriate local authorities.
Fees for a license or license renewal of a provider would range from $50 to $500 according to the number of beds. A provisional six month license would be available for a licensee with certain violations that can be corrected during that time.
An administrator of such a facility would be required to complete a minimum of 120 hours of approved instruction, pass a test, and undergo 36 hours of continuing education every two years.

HB 253: Website for Disciplined Professional Educators

H.B. 253, P.N. 1454 (R. MILLER). This would amend the Professional Educator Discipline Act 123 of 2000, P.L. 141.
This would require the Education Department to create a website that lists the names of professional educators and charter school staff members who have been disciplined along with listing the nature of misconduct or reason for discipline, what disciplinary action was taken, the educator’s name and residence, name of school where the educator was last employed, and the dates the disciplinary action are in effect.

HB 247: Health Care Referral Agency/Registry

H.B. 247, P.N. 273 (HESS). This would amend the Health Care Act 48 of 1979, P.L. 130.
The Health Department would ascertain that a person receiving health care referrals possesses a valid nurse’s license, or successfully completed an approved nurse aide training program or passed an approved competency exam, or successfully completed an approved home health aide training programs or passed an approved competency exam, successfully completed an approved personal care worker training credentialing program or passed an approved competency exam, or successfully completed an approved skills exams for performing daily living instrumental activities should the person only be providing such services.
Criminal history information checks would be conducted of all staff before a license would be provided to a home care agency or registry. Staff who would have contact with the public would be required to be shown to be free of communicable disease, with at minimum being screened for tuberculosis.
A consumer would have a right to be involved in the service planning process, receive services with reasonable accommodation of needs and preferences, have privacy and confidentiality retained, be free from abuse, neglect and financial exploitation, be able to refuse treatment or services, receive written notice of an intent to have services terminated, have access to a Public Welfare Department hotline, be free from discrimination, and would be free from having the agency or registry have a person assume power of attorney or guardianship over the consumer.
A consumer would receive information from the agency or registry on how to contact the Health Department’s hotline and external complaint mechanisms.
The Health Department would be able to inspect an agency or registry during regular business hours. An agency or registry found with a violation would be required to submit a written plan stating how and when the violation would be corrected.
A regular or special license for a home care registry would be set at $100.

HB 245: Use of Tobacco Settlement Funds for Senior Programs

H.B. 245, P.N. 271 (HESS). This would amend the Tobacco Settlement Act 77 of 2001, P.L. 755.
$77 million would be appropriated from the Tobacco Settlement Fund to the Aging Department for senior programs regarding transportation, senior center services, and home and community based services.

HB 243: Flood Insurance Premium Assistance

H.B. 243, P.N. 269 (SEMMEL). This would create the Flood Insurance Premium Assistance Program.
A state resident who or state business that purchased flood insurance prior to the first year of the flood insurance program and lives in a community participating in the National Flood Insurance Program would be eligible to participant in a premium assistance program created by this Act.
A program participant who moves back to or conducts business on property where flood insurance had previously been dropped would be eligible for 15% premium assistance when purchasing flood insurance for that same property after the expiration of one calendar year.
A participant who purchases a new flood insurance policy for a different property would be eligible for a 15% premium discount.
In a year this program is not funded and administered, an eligible participant would be eligible for a 15% premium discount beginning in the year this program is reenacted.
A resident of property determined by the Federal Emergency Management Agency Director as a severe repetitive loss property would have to accept a lawful mitigation offer or would be disqualified from participating in this program.
The Insurance Department would administer and regulate this program

HB 236: Regulatory Impacts on Small Businesses

H.B. 236, P.N. 262 (PICKETT). This would amend the Regulatory Review Act No. 181 of 1982, P.L. 633.
This bill would entitle a small business to seek judicial review of a final agency action that adversely affects the small business. A small business would be defined as an independently owned and operated entity that either employs less than 250 full time employees or has under $6 million in gross sales. Judicial review would be required to be sought within one year from the decision date.
A proposed agency regulation that may adversely impact small businesses would be required to produce an economic impact statement. Such a statement would report how many small businesses would be subject to the proposed regulation and include projections on the costs to small businesses for recordkeeping, filing reports, and administrative costs for complying with the regulation. The statement would also describe alternative regulations that would achieve the purpose of the proposed regulation that would be less intrusive to small businesses.
An agency would be required to produce a regulatory flexibility analysis that considers reducing adverse impacts on small businesses, including less stringent requirements on compliance, reporting, meeting deadlines, and whether compliance can be simplified or consolidated for small businesses. The analysis would also consider whether performance standards could have design and operational standards more suited for small businesses and whether small businesses could be exempt from any or all proposed requirements.

HB 220: Career Development Tax Credit

H.B 220, P.N. 246 (REED). This would amend the Tax Reform Code Act 2 of 1971, P.L. 6.
This would create the Career Development Tax Credit. A tax credit to a manufacturer would be available for one-fourth of the expenses of qualified career development. Excess tax credits that could not be used in one year by a taxpayer could be used against succeeding years’ taxes over the following 15 years.

HB 213 Ecoterrorism

H.B. 213, P.N. 1072 (GODSHALL). This bill would amend Title 18 (Crimes and Offenses) and Title 42 (Judicial Procedure).
The crime of ecoterrorism would be created. Ecoterrorism would involve the intimidation, coercion, or threat thereof against an activity involving animals or natural resources, or the prevention of the lawful use of such an animal or natural resource facility. A summary or misdemeanor offense of this law would be graded one degree higher. A first degree felony offense of this law could result in imprisonment of 40 years or less and a fine of $100,000 or less in addition to being required to pay restitution up to triple the amount of damages caused. A victim of ecoterrorism would be able to receive appropriate civil action relief, including injunctions, restraining orders, and being awarded triple damages.

HB 201: Mental Health/Mental Retardation Facility Closure/Reduction Moratorium

H.B. 201, P.N. 1120 (NAILOR). This would create the Mental Health and Mental Retardation Facility Closure or Reduction Moratorium Act.
This would create a moratorium on closing or reducing a state mental health and mental retardation facility. The Legislative Budget and Finance Committee would be directed to study this issue.

HB 200: Child Prenatal Services Home Visits

H,B, 200, P.N. 633 (MUNDY). This would create the Ounce of Prevention Act.
This would establish intensive home visits for first child prenatal services. The Children’s Trust Fund Board would provide grants for and oversee these services. A standardized assessment tool would identify at-risk families and have a home visitor inform these families of services in which they may voluntarily participate. Services offered would be long term, would work with the entire family, and would include child health and development, childhood immunizations, and developmental assessments. These services would be confidential and periodically evaluated. Referrals to other services, when proper, would be made.
A home visitor would be required to be a certified registered nurse and a qualified home visitor. A home visitor would be required to be have pre-service and on-going training on child abuse, domestic violence, substance abuse, drug exposed infants and parents, child development, or of available services. A home visitor would receive direct and intensive supervision and undergo on-going reviews.

HB 194: Renovation Costs from Dormitory Sprinklers

H.B. 194, P.L. 202 (FLICK). This would amend the Dormitory Sprinkler System Act 116 of 2001, P.L. 969.
The Pennsylvania Higher Educational Facilities Authority, when financing the costs of a dormitory sprinkler system, would be required to finance the costs of necessary renovation work, asbestos abatement (if necessary), and an integrated smoke detection and fire alarm systems.

HB 183: Land Trust Open Space Purchases

H.B. 183, P.N. 187 (ROSS). This would amend the law concerning local governments units, Act 442 of 1968, P.L. 992.
This would allow a local government to pay the expenses of appraisals, legal services, title searches, document preparation, title insurances, closing fees, and survey costs involved in an open space purchase by a land trust or local land trust.

HB 182: SWIB Investments

H.B. 182, P.N. 240 (BELFANTI). This would amend the Administrative Code of 1929, Act 175 of 1929, P.L. 177.
The State Workers’ Insurance Board would be permitted to engage in common stock and securities investing. Up to one fifth of the Fund’s assets, or the Fund’s discounted statutory surplus (whichever amount is less) could be so invested. The Board would be required to meet at least annually to rebalance investments and develop an investment schedule.

HB 177: Bingo Bona Fide Membership

H.B. 177, P.N. 182 (NAILOR). This bill would amend the Bingo Law, Act 67 of 1091, P.L. 214.
This would delete the requirement that a bona fide member of an association, whose members may participate in bingo games, be a member for one year or more.

HB 172: Municipal Firefighter Education and Training

H.B. 172, P.N. 178 (J. TAYLOR). This bill would create the Municipal Firefighter Education and Training Program.
All firefighters hired subsequent to the enactment of this bill would be required to complete the requirements of firefighter training within one year after being hired and paid. The State Fire Commissioner shall pay for all tuition and ordinary and necessary living expenses of certified municipal firefighter basic training, so long as the political subdivision adheres to training, employment, and program standards and guidelines. Grants would be available for actual expenses of firefighters who successfully complete basic instruction. The costs of this would be as annually appropriated by the General Assembly.

HB 158: Occupational Disease Extension for Hepatitis C

H.B. 171, P.N. 239 (GOODMAN). This would amend the Workers’ Compensation Act 338 of 1915, P.L. 736.
The definition of an employee eligible for occupational disease workers compensation benefits would be expanded to include employees who get hepatitis C who are state and country probation and parole officers and Environmental Protection Department employees who are exposed to hepatitis C in their field environment.

HB 157: County Tourism Marketing

H.B. 157, P.N. 157 (GODSHALL). A Second through Eighth Class County would be able to use its room tax revenues towards any appropriate marketing tools to promote themselves as leisure and/or business travel destinations and for promoting conventions. Marketing efforts that promote tourism without unduly competing with private sector tourism efforts would be permitted. The income and expenses of a tourist promotion receiving such funds would be audited with the report presented to the County Commissioners.

HB 136: Nonprofit Watership Association Appropriations

H.B. 136, P.N. 137 (FLEAGLE). This would amend the Second Class Township Code, Act 69 of 1933, P.L. 103.
This would allow the Board of Supervisors to make appropriations to nonprofit watershed associations serving their second class township.

HB 129: Flight Crew Under the Influence

H.B. 129, P.N. 132 (WATSON). This would amend Title 74 (Transportation). This would create the crime of flying or being a member of a flight crew of an aircraft while under the influence of drugs and/or alcohol or with a blood alcohol content of 0.02% or more. An aircraft owner would be prohibited from knowingly allowing a person to be on an aircraft flight crew under the aforementioned conditions. A violation of any of these would be a third degree misdemeanor penalized by a fine of a minimum of $1,000 to a maximum of $5,000 and imprisonment of at least 72 consecutive hours. A person who served as an intoxicated flight crew member would be required to be evaluated for alcohol and/or substance abuse problems and could be required to undergo court ordered treatment.
A person who has reasonable grounds to be suspected of being under the influence could be requested to submit to a blood, breathe, urine, or similar test by a law enforcement officer. A person is not required to submit to such testing but, upon being informed of the penalty for such refusal, would be fined a minimum of $2,500 and a maximum of $5,000 for this refusal. Tests would be required to be conducted according to Health Department and Transportation Department regulations and by a licensed clinical laboratory. A person tested by the Commonwealth would have the right to be tested by a physician of the person’s testing, so long as the personal physician test does not delay the Commonwealth’s testing.
A physician, nurse, technician, or hospital employee engaging in such testing at the direction of a law enforcement officer would be immune from civil liability for performing such testing.
The name and test results of a person so tested would be forwarded to the Federal Aviation Administration. There are separate Federal penalties for flying or being a member of a flight crew while under the influence.

HB 127: Foster Parent Consideration

H.B. 127, P.N. 130 (SATHER). This would create the Foster Parent Consideration Act.
A foster family who has cared for a foster child for six months or more would have the right to be considered as a potential adoption family should they so choose in the event the child becomes an adoptable child. Should a county agency consider others as possibilities to adopt such a child, the agency could be required to document the reasons why others are considered. An agency would be prohibited from using concern that such an adoption may remove this family from potential future foster care to others as a reason to deny this family the right to adopt.

HB 126: SERS Alternative Investment Disclosure

H.B. 126, P.N. 613. (GODSHALL). This would amend Title 71 (State Government). It would create a definition for “alternative investment” as one involving a private equity or venture capital. It would also allow the State Employees’ Retirement Board to be exempt from public open records those records the Board determines would create substantial competitive harm to the subject who is disclosed, would contain sensitive or confidential information regarding an alternative investment, or could have an adverse impact on investment value. Any fee that has been paid to receive such a document that then could not be disclosed, due this amending of the Act, would be refunded.

HB 125: Unannounced Inspections of Child Day-Care Facilities and Resource Referrals

H.B. 125, P.N. 171 (G0DSHALL). This would create the Unannounced Inspection of Child Day-Care Facilities and Resource Referral Act.
The Public Welfare Department would identify and keep an updated profile of all state-approved child day care providers by geographic area and types of care. Parents would be able to obtain this information. Information on available technical assistance would be available to child day care providers.
A child day care referral agency would be required to have operating hours convenient to parents, including evening and weekends if deemed necessary, to advertise its services and fees, seek the most cost efficient means of providing referral and resource information including public and private partnerships, keep individual records confidential, and regularly report to the Department information on the numbers of people and children served and fees charged as well as information on the impact and quality of resources and referral services as well as recommendations for improving services.
The Department would annually inform the General Assembly of how goals of affordable and available child day care service resource and referrals are being met, as well as making any recommendations on systems improvements.
A family day care home would be required to have comprehensive general liability insurance. The Department would determine the minimal amount of liability insurance required.
The Department would have right to free and full access without prior notice to a day care center, including the facility, children, staff, and records. The Department would be required to conduct at least one such unannounced inspection per year of each child day care center and as deemed necessary of each family day care home, as long as at least 15% of all are inspected annually.
A complaint received by the Department alleging an immediate and serious health or safety risk to a child at a child day care facility would require an inspection within 24 hours, excluding days the facility is not operating.
A person applying for a new or renewal registration to operate a family day care home would be required to submit a criminal history record and a child abuse record. A person named in the child abuse register or who has been convicted of an applicable crime would be denied registration.
The Department would be prohibited from providing any state or Federal funds to a child care facility that employs a person named in the child abuse register or who has been convicted of an applicable crime.

HB 124: Conveyance in Bushkill Township

H.B. 124, P.N. 129 (DALLY). This would convey a right of way free of Project 70 restrictions to a private party in Bushkill Township, Northampton County.

HB 111: Extension of Liquor Laws to Transfers and Extensions

H.B. 111, P.N. 103 (MUSTIO). This would amend the Liquor Code, Act 21 of 1951, P.L. 90.
Current laws regarding the issuance of hotel, restaurant, and club liquor licenses would be expanded to include transfer or extensions of licenses.

HB 110: Pittsburgh Film Office Special Liquor Permit

H.B. 110, P.N. 102 (COSTA). This would amend the Liquor Code, Act 21 of 1951, P.L. 90.
This would allow a nonprofit Pittsburgh office that assists film, TV, and media to receive a special permit or a special occasion permit to serve alcoholic beverages

HB 107: Health Savings Account

H.B. 107, P.N. 99 (PAYNE). This would create the Health Savings Account Act.
A state income tax exclusion would be created for any increase in value of a health savings account, for any payment or distribution from a health savings account that is use only to paying qualified medical expenses, and for any reimbursements for qualified medical expenses to a health savings account holder or an employee.
The portion of distributions from a health savings account payment or distribution used for purposes other than to pay qualified medical expenses would be considered as income. The cost recovery method would be used in determining the portion of a health savings account payment or distribution that is to be considered as income.
A high deductible health plan would be required to have a minimum health insurance benefit or reimbursement.

HB 104: Extending Police Chiefs Benefits

H.B. 104, P.N. 238 (FLICK). This would amend the Police Chiefs Benefits Act 204 of 1984, P.L. 1004.
A Police Chief, Police Superintendent, Police Commissioner, and all ranking police officers (not including those in a first or second class city) who have been removed from or who are not a member of a bargaining unit, due to a Labor Relations Board decision, would receive, at minimum, the same pay and fringe benefits increase (except overtime and holiday pay) as a member of the bargaining unit receives. Any decrease in such benefits would require approval by a vote of the political subdivision’s governing body.

HB 102: Planned Residential Development Notification

H.B. 102, PN. 95 (GRUCELA). This would amend the Pennsylvania Municipalities Planning Code, Act 247 of 1968, P.L. 805.
An applicant to build a planned residential development would be required to so notify the School District Superintendent of the location, number and type of units proposed to be build and, if required by local ordinance, an economic assessment of the proposed development. The school district may provide the Planning agency or the local governing body with written comments concerning the proposal. If no such comments are received within 30 days, the Planning agency or local governing body shall proceed with consideration of the proposal.

HB 92: Multistate Sales and Use Participation

H.B. 92, P.N. 86 (STEIL). This would create the Multistate Sales and Use Tax Participation Act.
This would allow Pennsylvania to join a national organization seeking to create a streamline sales tax system that could collect sales taxes on out of state Internet sales.

HB 90: Regulated Profession Occupancy Permits

H.B. 90, P.N. 84 (STEIL). This would create the Regulated Profession Occupancy Permit Act.
A municipality would be able to create an ordinance requiring, when issuing an occupancy permit, that one or more regulated occupations occupy a building or some portion of a building, that the known names be provided of all people occupying said building or portion thereof who will be engaging in the regulated occupation, and that all these named people have a current valid license or similar required valid registration.
A municipality would be create to create an ordinance creating standards for issuing an occupancy permit as a condition of permitting new tenant occupancy of an existing building space or portion thereof, except for a previously issued occupancy permit issue to another for the space.

HB 89: Child Labor

H.B. 89, P.N. 1407 (STEIL). This would repeal the Child Labor Law Act 177 of 1915, P.L. 266. This would create a new Child Labor Law.
This new law would make the following changes: There would be one child work permit, rather than three types as under current law. An employer would be required to obtain a notarized written statement from a parent or guardian granting permission for such work and stating that the hours and duties of employment are understood. A child would be permitted to work 48 hours a week as opposed to the current limit of 40 hours a week, although a child would have the ability to refuse to work more than 40 hours a week. A child employed in theater or film would be able to work until midnight, instead of the current legal limit of 11:30 am, would be able to make ten theatrical performances a week instead of eight as under current law, and the minimum age of seven for such work would be eliminated. A minor aged 16 and above would be able to participate in professional sports-attendant services. The Labor and Industry would have the ability to impose an administrative penalty from $100 to $1,000 per each violation of this law.

HB 88: Comprehensive Watershed Storm Water

H.B. 88, P.N. 82 (STEIL). This would create the Comprehensive Watershed Storm Water Act.
A county or a joint agency would be able to create a comprehensive watershed storm water plan that is generally consistent with county and municipal planning comprehensive plans. The plan would prioritize the construction of storm water facilities and specify a time frame for implement a storm water plan. A county would be able to create and collect a storm water real property fee. The county would reimburse a municipality for its infrastructure construction and maintenance costs as identified by the plan. The Environmental Protection Department would be provide grants to counties and municipalities for three fourths the costs of preparing their plans. The legislature would determine the amount of funds available. 5% of these grant or loan funds could be used for acquiring property or for demolition of property where existing state funds are prohibited from being used. A public hearing on the plan would be required. A municipality would review its ordinances and regulations for conformity with this plan.

HB 87: Open Spaces and Millage Increases

H.B. 87, P.N. 81 (STEIL). This would amend the Open Space Uses Act No. 442 of 1967, P.L. 992.
This would allow a local government unit to determine if a property whose development rights have been transferred, placed into open space, or provided an agricultural security easement may be exempt from millage increases. This would repeal the ability of School Directors to determine if a property may be exempt from millage increases.

HB 71: Personal Care Admission and Retention

H.B. 71, P.N. 65 (WATSON). This would create the Personal Care Admission and Retention Act.
A personal care home would be prohibited from having a consumer who is dependent on a ventilator, is with decubiti and vascular ulcers III and IV, requires non-intermittent intravenous fluids or vein injections, (an exception to this would be allowed for intermittent intravenous therapy), has an airborne infectious disease in a communicable state requiring isolation, requires psychotropic medications and has not had appropriate diagnosis and a treatment plan, has nasogastric tubes, has gastric tubes (unless the consumer can self-care and self-feed), is an imminent physical threat or danger to anyone, is certified by a physician as inappropriate for such placement., requires more than intermittent nursing care, require sliding scale insulin administration (unless the insulin can be self-administered or administered by a licensed health care professional), or has health care needs that the facility determines cannot be met by the home.
A personal care home resident who develops one of the aforementioned conditions may be temporarily transferred elsewhere but would be permitted to return upon recovery or if supplemental services from an outside health care provider allow return. The home would retain the bed during the temporary absence and would be able to continue charging for the bed as if the resident was still there.
A consumer who is refused admittance or re-admittance to a health care home would have a right to appeal the decision to the Hearings and Appeals Bureau of the Public Welfare Department.
A personal care home that fails to comply with this Act may be fined $150 or less per day of violation.

HB 43: Affordable Housing Trust Fund

H.B. 43, P.N. 45 (THOMAS). This would amend the Optional County Affordable Housing Funds Act No. 137 of 1992, P.L. 866.
This would create the Affordable Housing Trust Fund. Second or subsequent mortgage loans and grants would be provided to a homeowner with a median income under 115% of the county’s average median income, who has not owned property within the past three years, and who does not have sufficient financial resources to otherwise purchase the home. First mortgage and state-approved lenders would be eligible to participate in this program. A $10 surcharge on each deed, mortgage, and document recorded by the Recorder of Deeds would be charged with the funds used for this Fund. A Third Class City would be able to create an additional $1 surcharge on such recording fees for this Fund. The General Assembly could appropriate additional funds. The Fund would be able to use funds from interest and other payments, Fund investment income, and funds from the sale of property. The Fund would terminate on December 31, 2006 unless the General Assembly decides to continue it.
A Housing Insurance Fund would be created. The Fund would be funded by General Assembly appropriations, bond income, premiums, and investment income. Insurance would be offered to single family home owners. Homeownership by low income and moderate income homeowners who otherwise cannot obtain home insurance would be encouraged by this Fund. This Fund would expire on December 31, 2007 unless the General Assembly decides to continue it.

HB 30: Workers' Compensation Benefits to Widows/Widowers

H.B. 30, P.N. 33 (LEDERER). This would amend the Workers’ Compensation Act 338 of 1917, P.L. 736.
Workers’ compensation death benefits would be provided to a widow or widower who is the guardian of the deceased’s children, in which case 60% of wages (up to a maximum of the statewide average weekly wage) would be paid if there is one child and 66 2/3% of wages (up to a maximum of the statewide average weekly wage) would be paid if there are two or more children. If such a widow or widower is not the guardian of the deceased’s children, then, in the case of there being one child, benefits would be distributed with 30% of wages (up to a maximum of the statewide average weekly wage) provided to the widow or widower and 30% provided to the child; and, in the case of two or more children, 33% of would be distributed to the widow or widower (up to a maximum of the statewide weekly wage) and two-thirds evenly divided among the children.

HB2: Green Pennsylvania Bond

H.B. 2, P.N 219. QUIGLEY. This would create the Green PA Bond Act. Voters would be asked whether to approve $115 million annually to a total of $800 million debt for environmental purposes, open space preservation, watershed protection, abandoned mine reclamation, and acid mine drainage remediation.

HB8: Community College Reinvestment

H.B. 8, P.N. 630 (STAIRS). This would create the Community College Reinvestment Act.
This would create the Pennsylvania Board of Community Colleges. This Board would adopt standards and policies for community colleges. The maximum full-time equivalent reimbursement would be set at $1,680 and would then change according to changes in the Consumer Price Index. Community colleges would be audited by independent auditors. Capital funding would be set at five percent of the total operating budget.

HB3: Green Pennsylvania

H.B. 3, P.N. 220. QIUGLEY. This would amend Title 27, Environmental Resources.
The Environmental Stewardship Fund would receive funds from the Green PA Bond Act, state indebtedness, Federal Funds, and General Assembly appropriations. The funds would be allocated by 43.7% to the Environmental Protection Department, 31.3% to the Conservation and Natural Resources Department, and 25% to the Pennsylvania Infrastructure Investment Authority.
An Environmental Endowment Account would be established. This would be funded by Fund interest, investment income, disposal fees and penalty revenues, and excess Fund balances. The Governor may recommend appropriations from the account for environmental needs that would require two thirds approval of both legislative houses.
The Conservation and Natural Resources Department would provide a minimum of $15 million annually to be used for matching funds to county open space districts or organizations for open space preservation.
The uses of grants and loans should be general consistent with county and municipal comprehensive plans.
A Hazardous Sites Cleanup Fund would be established.
The Environmental Protection Department would provide a minimum of $15 million annually for abandoned mine reclamation.
The Agriculture Department would be require to use competitive sealed bids when purchasing supplies or awarding construction contracts using fund resources.
Up to $115 million annually up to $800 million in total may be borrowed from the Green PA Bond, not counting refunding outstanding funds and replacement notes needed for these purposes. The legislature would annually appropriate funds from the Environmental Stewardship Sinking Fund for debt retirement. If the Sinking Fund has insufficient funds to pay the principal and interest on existing debt, no additional debt may be incurred. Bond sales and borrowing would be required to meet the standards of existing debt laws.
Disposal fees would be allocated at $2.50 per ton to the Environmental Stewardship Sinking Fund, $1.25 per ton to the Hazardous Sites Cleanup Fund, and 25 cents per ton to the Agricultural Conservation Easement Purchase Fund.