WEEKLY SESSION NOTES
Senate Republican Policy Committee
Sen. Jake Corman, Chairman

Monday, March 26, 2007 

Senate Bill 150 (Greenleaf) would create the Sexual Violence Victim Protection Act to provide victims of sexual violence with a civil remedy requiring an offender to stay away from the victim, as well as providing other appropriate relief.  The legislation would permit a sexual assault victim (plaintiff), as well as his or her parent or guardian, to petition the court for protection from the defendant without the payment of fees.  When an order is granted, costs would be assessed to the defendant.  The court would hold an expedited hearing within 10 days of the filing of a petition unless the plaintiff is in immediate and present danger in which case the court could issue a temporary order in effect until modified or terminated after the hearing.  The court could also issue an order that the plaintiff's address and telephone number not be disclosed and that the address of a rape crisis center not be revealed.  The defendant has the right to be represented by counsel.  In addition, a sexual assault counselor could accompany and provide assistance to a party in any legal proceeding under the act. 

A protection order could:  prohibit the defendant from having any contact with the plaintiff; direct the defendant to refrain from harassing or stalking the plaintiff; and/or grant any other appropriate relief.  Protection orders could not exceed 18 months, but extensions could be granted following a hearing.  A copy of the protection order would be provided to the plaintiff, the defendant and the police department with jurisdiction to enforce the order.  Those in violation of a protection order could be imprisoned up to six months and/or ordered to pay a fine of not less than $100 or more than $1,000 for criminal contempt.  The victim would be notified when the offender is released. 

The legislation would require police departments to ensure that their officers and employees are familiar with the provisions of this act; to make sexual violence victim protection orders part of the training curriculum for all law enforcement personnel; and to adopt a written policy regarding sexual violence victim protection orders.  Law enforcement agencies would also provide sexual violence victims with oral and written notice of sexual assault services in the community.  Passed:  48-0. 

Senate Bill 356 (M. White) would amend the Environmental Education Act to establish the Pennsylvania Center for Environmental Education within the State System of Higher Education which would, in consultation with the appropriate stakeholders, help to identify the needs for environmental education and to promote research and development of programs for non-formal educators.  Among other duties, the Center would be required to promote the formation of partnerships with educators, public officials, county conservation districts, businesses, and non-profit organizations to help to evaluate the effectiveness of non-formal environmental education programs and to help to facilitate the active implementation of the environment and ecology standards adopted by the State Board of Education.  The Center would also establish an internet-based resources network to make environmental information available, and actively seek public and private sources of funding to help support its activities.

A nine-member Pennsylvania Center for Environmental Education Board would be established to oversee the operations of the Center in the performance of its duties.  The Board would be composed of representatives from the Department of Environmental Protection, the Department of Conservation and Natural Resources, and the Department of Education, and six representatives appointed by the State System of Higher Education.  The Board would meet semiannually to establish priorities, adopt an annual work plan, and approve activities of the Center.  Expenses of the board and the operation of the Center would be paid by the State System of Higher Education from funds appropriated by the General Assembly.  The State System of Higher Education could, in consultation with the Pennsylvania Center for Environmental Education Board, hire such employees and contract with other entities as it determines to undertake its responsibilities to the extent available funds allow.  All staff hiring, firing, staff and program evaluations and fiscal accountability will follow State System of Higher Education procedures and practices.

The legislation would also provide for grants to education and conservation groups, among others, for the purpose of providing environmental education.  The measure would expand the duties of the Department of Education to include identifying the need for the development of new curriculum and continuing teacher professional development and education programs related to environmental education and to support efforts to develop programs and materials to meet those needs in collaboration with other agencies, organizations or associations.  Further, the membership of the Advisory Council on Environmental Education in the Department of Education would be expanded to include the Secretary of Conservation and Natural Resources and two members representing conservation and natural resources interests appointed by the Secretary of Conservation and Natural Resources.  The bill would also expand the set-aside for the Environmental Education Fund to include five percent of natural resource damage settlements.  Passed:  48-0.

Senate Resolution 60 (Earll) urges the Governor and Secretary of Public Welfare to desist in any action that furthers the planned move from a voluntary managed care choice to a mandated fee-for-service system for medical assistance recipients.  Adopted by Voice Vote.

Senate Resolution 66 (Stack) recognizes the month of April 2007 as "Autism Awareness Month" in Pennsylvania.  Adopted by Voice Vote.

Tuesday, March 27, 2007

Senate Bill 151 (Greenleaf) would amend Title 18 (Crimes) by expanding and clarifying the provisions prohibiting contraband, including weapons, implements of escape and other dangerous materials, in correctional institutions, youth development centers, youth forestry camps, mental hospitals or other facilities.  The bill would increase penalties for certain offenses.  Under Section 5122, it would become a second degree felony to deliver a weapon, implement of escape or dangerous material to a "confined person."  In addition, it would be made a second degree felony for a confined person to possess a weapon, implement of escape or dangerous material.  Currently, these offenses are first degree misdemeanors.  Under Section 5123, an individual would commit a first degree misdemeanor if he or she delivers money to an inmate.  Currently, this offense is a third degree misdemeanor.  This offense would not apply to depositing money in an inmate account through proper means.  Passed:  49-0.

Senate Bill 256 (Browne) would amend Title 42 (Judiciary and Judicial Procedure) to provide that all prisoners have the right to bail except for those accused of capital offenses, offenses for which the maximum sentence is life, or when no condition or combination of conditions other than imprisonment will reasonably assure the safety of any person and the community.  Under current law, only those accused of capital offenses have no right to bail.  The Pennsylvania Constitution was amended in 1998 to allow for these changes.  Passed:  49-0.

Senate Bill 637 (Baker) would amend Title 35 (Health and Safety) to require that the Director of the Pennsylvania Emergency Management Agency be subject to confirmation by a majority of the members of the Senate.  The bill would also require the Governor to nominate a person for the position of director within 30 days of the effective date of the bill.  Passed:  29-20.

Senate Resolution 72 (Boscola) designates the month of April 2007 as "Parkinson's Disease Awareness Month" in Pennsylvania.  Adopted:  49-0.                                                                                           

Senate Resolution 73 (Orie) congratulates the Rivers of Steel National Heritage Area and the Steel Industry Heritage Corporation.  Adopted by Voice Vote.

Senate Resolution 74 (Orie) designates the month of April 2007 as "Alcohol Awareness Month" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 75 (Dinniman) commemorates the 59th anniversary of the birth of Israel.  Adopted by Voice Vote.

Senate Resolution 76 (Stack) designates April 15 through 21, 2007 as "Days of Remembrance of the Victims of the Holocaust" in Pennsylvania.  Adopted by Voice Vote.

Wednesday, March 28, 2007

Senate Bill 86 (Tomlinson) would amend Act 62 of 1947, which deals with the sale and re-sale of tickets.  The bill would authorize a reseller of tickets to any amusement or place of amusement to do so through an internet website without obtaining a license if certain conditions are met.  A reseller of tickets through the internet would be required to have a business presence and physical street address in Pennsylvania and conspicuously post that address on the website; or, have a business presence in the Commonwealth and either a registered agent, a foreign business license, or a certificate of authority issued by the Department of State.  The reseller would have to guarantee to all purchasers that it would provide a full refund if the amusement is canceled, the ticket received does not allow the purchaser to enter the amusement or the ticket fails to conform to its description on the website.  If the amusement is cancelled, the refund would not have to include reasonable handling and delivery fees if the previously disclosed guarantee specifies that the fees will not be refunded.  Passed:  45-3.

Senate Bill 180 (Pippy) would amend Title 51 (Military Affairs) to authorize the Department of Military and Veterans Affairs to arrange for burial details for veterans who are to be interred at the National Cemetery of the Alleghenies.  Current law authorizes burial details at the Indiantown Gap National Cemetery.  Passed:  48-0.

Senate Bill 306 (Rafferty) would amend Title 18 (Crimes and Offenses) to provide a person with immunity from prosecution for underage drinking when the person calls 911 because someone else needs medical attention.  The person would have to establish that the sole means for law enforcement to become aware of his or her violation was because the person placed the call in good faith based on a reasonable belief that another person was in need of immediate medical attention to prevent death or serious injury.  In addition, the caller would have to provide his or her own name, be the first person to call 911, and remain with the individual needing medical attention until emergency health care providers arrive.  Passed:  48-0.

Senate Bill 355 (M. White) would amend the Air Pollution Control Act to require that state implementation plans or revisions to such plans be published on the Department of Environmental Protection's publicly accessible internet website or on the website of the state or local agency that developed the plan or revision.  The legislation would also require that plans or revisions be submitted to the chairmen and minority chairmen of the Environmental Resources and Energy Committees of the Senate and the House of Representatives at the same time as the plan or revision is published for public comment or submitted to the Environmental Quality Board.  These changes would apply to state implementation plans or revisions proposed or finalized after the effective date of this act.  Passed:  48-0.

Senate Bill 550 (D. White) would amend the Insurance Company Law of 1921 to expand the Insurance Department's review authority to include jurisdiction over consolidations of insurers.  The legislation would also amend several definitions and add a definition of "shareholder."  The definition of "insurer" would be amended to include Blue Cross and Blue Shield Plans and the definition of "person" would be amended to include an "insurer."  The GAA Amendments Act of 1990, which relates to consolidations, would be repealed insofar as it is inconsistent with this Act.  The provisions of Senate Bill 550 would not apply to any merger, consolidation or other acquisition made or consummated prior to January 1, 2007.  Passed:  48-0.

Senate Resolution 21 (Robbins) designates the week of April 15 through 21, 2007 as "Local Government Week" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 45 (Kitchen) urges the Congress of the United States to provide equitable funding to the United States Department of Housing and Urban Development for the operation of quality affordable housing.  Adopted by Voice Vote.

Senate Resolution 77 (Costa) designates the month of April 2007 as "Pennsylvania Donate Life Month."  Adopted by Voice Vote.