For the fiscal year commencing on July 1, 2006, payments of grants would commence on or after December 14, 2007.  For the fiscal year commencing on July 1, 2007, payments of grants would commence on or after January 15, 2008.  An applicant for a grant who is delinquent in loan payments under the Pennsylvania Volunteer Loan Assistance Program would be required to agree to use its grant funds to pay any arrears or it would not be qualified to receive a grant.  Any organization agreeing to this arrangement who fails to make the payment would be disqualified from applying to the grant program for a period of three years.  An applicant would have to demonstrate that it complied with all the terms of its grant agreement in the previous year or it would not be eligible for a grant in the current year.  An additional change would extend the authorization for the grants until 2012.  The Legislative Budget and Finance Committee would be required to conduct a performance review of the program and submit its evaluation and recommendations to the General Assembly no later than February 28, 2012.  Concurrence in House Amendments to Senate Amendments:  50-0. 

Executive Session 

Nominations to Various Boards and Commissions.  (See Attached)  Confirmed:  50-0. 

Tuesday, June 26, 2007 

Senate Bill 246 (Greenleaf) would enact the Clean Indoor Air Act to prohibit smoking, with certain exceptions, in public places and workplaces.  The exceptions would include: 

• a private residence, except when used as a child daycare center or group or family daycare home subject to licensure, registration, or certification by the Department of Public Welfare;
• up to 25 percent of designated sleeping rooms within a lodging establishment;
• a wholesale or retail tobacco shop where sales of tobacco products, on an annual basis, comprise 85 percent or more of gross sales;
• workplaces of a manufacturer, importer or wholesaler of tobacco products, or a tobacco leaf dealer or processor, and all tobacco storage facilities;
• long term care facilities regulated under 42 CFR 483.15 or similar regulation;
• separate enclosed rooms or designated smoking rooms in residential adult care facilities, community mental health care facilities, drug and alcohol facilities; and facilities that provide day treatment programs;
• cigar bars;
• up to 25 percent of a gaming floor (area where slot machines have been installed for use or play) of a licensed gaming facility;
• private clubs in existence for more than 10 years;
• licensed drinking establishments with annual food sales of 20 percent or less;
• certain charitable fundraising events; and,
• under certain conditions, exhibit halls, conference rooms, or similar facilities used for a tobacco-related event.

To qualify for exemption, the owner or lessee of the place must conspicuously post notice at every public entrance that smoking is permitted on the premises.  In addition, the bill would prohibit any person or employer from discharging, refusing to hire or retaliating against an employee for exercising any right to a smoke-free environment under the act.  The act would supersede any local ordinance or rule or regulation, and no political subdivisions would have any authority to adopt or enforce any rule or ordinance more restrictive than the standards set forth in the act.  

The measure would require the Department of Health to promulgate and adopt rules and regulations to implement the provisions of the act and to engage in a continuing program to explain and clarify the purposes and requirements of the act to affected persons and to guide owners, operators and managers in their compliance.  The Department would also be required to report annually to the Chairmen and Minority Chairmen of the Senate Public Health and Welfare Committee and the House Health and Human Services Committee on the number of violations, the number of enforcement actions, a description of the enforcement activities and other information relating to the administration and implementation of the act.  The Department of Health, a local board or department of health or any affected party could institute an action in any court with jurisdiction to address a violation of the provisions of the act.  Any person who violates the act would commit a summary offense.  A first violation would be punishable by a fine not to exceed $250, a second violation within one year by a fine not to exceed $500, and each additional violation occurring within one year by a fine not to exceed $1,000.  Section 10.1 of the Fire and Panic Act would be repealed.  Passed:  33-17. 

Senate Bill 466 (Robbins) would amend the Pennsylvania Construction Code Act to exclude temporary structures including, but not limited to, fire resistant tents and canopies that are erected for a period of 30 days or less for the purposes of participation in a fair, flea market, arts and crafts festival or other public celebration.  The structures would not be subject to municipal or third-party inspections provided a safety check is performed by safety or emergency personnel affiliated with the sponsor or hosting organization.  The bill would also exempt pole barns that are constructed on agricultural fairgrounds and only used for agricultural purposes and animal displays.  The exemption would not apply to inspections required under the International Code Council Electrical Code or its successor codes.  Passed:  49-1. 

Senate Bill 728 (Scarnati) would amend the Fiscal Code to make a number of changes.  Among other modifications, the bill would: 

• Re-enact the State Employees Group Life Insurance Law of 1961 in the Fiscal Code.
• Permit an individual agency of the General Assembly, after notifying the Secretary of General Services in writing of its intention to do so, to opt to purchase life insurance for its employees and members from the first dollar of coverage.  Currently, the Secretary of General Services procures life insurance coverage for all Commonwealth employees while the General Assembly purchases life insurance coverage in excess of that amount.
• Provide that, for the 2006-07 Fiscal Year, the entire amount of the realty transfer tax transferred to the Keystone Recreation, Park and Conservation Fund be paid to the State System of Higher Education with the provision being retroactive to July 1, 2006.
• Incorporate budget implementation language necessary for implementation of the Fiscal Year 2007-2008 General Appropriation Act into the Fiscal Code.  (Historically, similar language was contained in the General Appropriation Act, itself; however, last year the General Assembly initiated the practice of placing such language in the Fiscal Code.)  Passed:  49-0.

Senate Bill 811 (Vance) would create the Long-Term Living Facility Licensure Information Act.  The legislation would require the Department of Aging to create and post on its website an information database with licensure and certification information for nursing homes, personal care homes and domiciliary care homes.  The listings would include:  contact information for the facility; the capacity for which the facility has been licensed or certified; the department responsible for licensing or certifying the facility; the status of the license or certification; the issuance and expiration date for the current license or certification; the date of the most recent inspection; information on violations of statutes or regulations within the preceding 24 months; enforcement or penalties assessed within the preceding 24 months; and, corrective actions required by the licensing agency and taken by the facility.  The information would have to be updated monthly.  The Departments of Health and Public Welfare would be required to cooperate with and provide information to the Department of Aging as necessary to establish and maintain the website.  The Department of Aging would not be required to collect information from facilities it does not license or certify.  Passed:  50-0. 

Senate Bill 913 (M. White) would create the Environmental Funds Reporting and Disclosure Act.  The bill would require the Department of Environment Protection (DEP) to provide an annual comprehensive report of all special funds and restricted revenue accounts which it administers.  Reports would be posted on the Department's website and provided to the Majority and Minority Chairmen of the Senate and House Appropriations and Environmental Resource and Energy Committees.  The legislation further provides that where the amount of fines and penalties received by a DEP special fund or restricted revenue account increases more than five percent in a fiscal year over the amount received in the previous year, the amounts in excess of the five percent increase would be transferred to the Hazardous Sites Cleanup Fund.  The legislation would also direct $3,330,000 in Realty Transfer Tax revenues monthly (approximately $40 million annually) to the Hazardous Sites Cleanup Fund.  This funding would be transferred first from the 15 percent share of the Realty Transfer Tax funds earmarked for the Keystone Recreation, Park and Conservation Fund (Key 93).  (Existing funding provisions for the Hazardous Sites Cleanup Fund will expire on June 30, 2007.)  Passed:  36-14.

Senate Bill 968 (Erickson) would amend the Medical Care Availability and Reduction of Error (Mcare) Act to establish procedures to reduce health care-associated infections.  Among other provisions, this legislation would: 

• Require that all health care facilities, including hospitals and nursing homes, develop, implement, and enforce internal infection control plans to improve the health and safety of patients and health care workers.
• Allow a health care facility with an existing infection control plan to continue to utilize that plan if it meets the criteria set forth in the legislation.
• Require health care facilities to notify all health care workers and medical staff of the infection control plan.
• Expand the duties of the Pennsylvania Patient Safety Authority by requiring health care facilities to report to the Authority health care-associated infections as serious events or incidents.  Facilities failing to report a health care-associated infection could be subject to a $1,000 per day penalty.
• Charge the Patient Safety Authority with establishing uniform definitions for identifying and reporting infections based on nationally-recognized standards, implementing uniform reporting requirements, and developing a methodology using nationally-recognized standards for determining the incidence of health care-associated infections in Pennsylvania and in comparison to national incidence rates.
• Require the Patient Safety Authority to establish an advisory panel that would include at least one representative from a nursing home and at least one representative from a hospital.
• Require that insurers and the Medical Assistance Program reimburse for the full cost of routine cultures and screenings performed in accordance with the facility's infection control plan.
• Provide for incentive payments for health care facilities that achieve a reduction in health care-associated infections based on benchmarks developed in consultation with the Patient Safety Authority.
• Establish a public awareness campaign in the state Health Department to inform the public on the prevention and treatment of health care-associated infections, their causes and symptoms, and the proper use of antibiotics.  The Department is also charged with determining the feasibility of establishing a surveillance program to identify those at risk for MRSA bacteria.
• Require nursing homes to pay a surcharge, beginning January 1, 2008, on their licensing fee.  The total annual assessment could not exceed $1 million in the aggregate.  This money would be used to offset the additional costs to the Patient Safety Authority.  Those who fail to pay the annual surcharge could be subject to a $1,000 per day penalty until the surcharge is paid.  Passed:  50-0.

Senate Bill 972 (Corman) would designate U.S. Route 322 in Harris, College and Patton Townships, Centre County, from Segment Nos. 450/748 to 570/000, as the Thomas D. Larson Highway.  Thomas D. Larson served as the Pennsylvania Secretary of Transportation from 1979 to 1987 and as the Federal Highway Administrator from 1989 to 1993.  Passed:  50-0. 

House Bill 13 (Readshaw) would amend the act commonly referred to as the Recreational Use of Land and Water Act to clarify the liability protection for landowners who allow individuals to hunt, as defined in the Game Code, on their land free of charge.  The legislation specifies that the immunity of the landowner is not dependent upon the location of the aggrieved person injured by the hunter.  Passed:  50-0. 

House Bill 892 (M. Keller) would designate State Route 74 in Spring Township, Perry County from the intersection with State Route 274 southward to the Cumberland County line as the Marine Lance Corporal Jason L. Frye Memorial Highway.  Lance Corporal Frye, age 19, served in the 2nd Battalion, 2nd Marines, G Company, Weapons Platoon until his death on October 6, 2005, in Fallujah, Iraq.  Passed:  50-0. 

Executive Session 

Nominations to Various Boards and Commission.  (See Attached)  Confirmed:  50-0. 

Wednesday, June 27, 2007 

Senate Bill 97 (D. White) would amend the Tax Reform Code of 1971 to modify the provisions governing the Bank and Trust Company Shares Tax.  Specifically, the bill would address the treatment of goodwill associated with business combinations/acquisitions for ascertaining the taxable amount of shares.  The changes included in the bill would allow banks involved in mergers or acquisitions to exclude any "goodwill" recorded as a result of the use of purchase accounting for an acquisition or combination from the book value of total equity capital.  (Goodwill is the excess amount above fair market value that a firm pays for another company during an acquisition.)  The exclusion of goodwill from the base for calculating the tax would take effect March 15, 2008.  Passed:  50-0. 

Senate Bill 455 (Vance) would amend the Dental Law to allow public health dental hygiene practitioners, with 3,600 hours of practice under the supervision of a licensed dentist and the appropriate license, to perform educational, preventative, therapeutic, intra-oral and radiologic procedures without direct supervision of a dentist.  This practice would be limited to the following practice sites: 

• Schools;
• Correctional facilities;
• Health care facilities;
• Personal care homes;
• Domiciliary care facilities;
• Older adult daily living centers;
• Federally qualified health centers;
• Public or private institutions under the jurisdiction of a Federal, State or local agency; or
• Other institutions deemed appropriate by the State Board of Dentistry.

The legislation further provides that public health dental hygiene practitioners must purchase medical malpractice insurance as prescribed by the State Board of Dentistry.  In addition, the bill would require that five hours of the twenty hours of continuing education currently required for dental hygienists be in public health-related courses for public health dental hygiene practitioners.  The public health dental hygiene practitioner would be required to refer patients to a licensed dentist on an annual basis.  However, the failure of a patient to see a dentist would not prohibit the patient from receiving further treatment from the public health dental hygiene practitioner.  Passed:  50-0. 

Senate Bill 638 (Wonderling) would create the Cancer Drug Repository Program Act.  The bill would require the State Board of Pharmacy to establish a Cancer Drug Repository Program to permit pharmacies, approved by the Board, to re-dispense unused cancer drugs to indigent patients.  The Board would be required to promulgate rules and regulations to establish procedures necessary to implement the program.  Participation in the program would be voluntary.  An entity that is part of a "closed drug delivery system" (defined as a system in which the actual control of a unit dose medication is maintained by a health care facility, health clinic, hospital, pharmacy or physician's office) could return unused cancer drugs to an approved participating pharmacy.  To be returned, a drug must be in its original, unopened packaging and could not be accepted or dispensed by the pharmacy if the expiration date is earlier than six months after the date the drug was restocked or if the drug is adulterated or misbranded.  An entity accepting unused cancer drugs would be required to comply with all laws relating to storage and to inspect all drugs prior to dispensing.  Drugs to be re-dispensed under the program must be dispensed by a pharmacist per a prescription and in accordance with state law.  The dispensing entity would be permitted to charge a handling fee as established by the Board.  Immunity to civil or criminal liability or professional disciplinary action would be provided to an individual or entity, acting in good faith, who exercises reasonable care in donating, accepting, distributing, dispensing or manufacturing the medications donated.  Passed:  50-0. 

Senate Bill 763 (Browne) would amend the Local Tax Enabling Act to clarify that leases and lease transactions are not subject to taxation under the act.  The change would not apply to municipalities imposing a tax on leases or lease transactions prior to July 1, 2007.  Passed:  50-0. 

Senate Bill 886 (McIlhinney) would amend the Real Estate Licensing and Registration Act to require that written or electronic notice be given to a prospective purchaser if a time share sales presentation is required to obtain the benefits offered under a promotion.  Such notice must be communicated in a clear, coherent and conspicuous manner using boldface type.  The notice would have to be provided to the prospective purchaser at least once before the scheduled presentation within a reasonable period of time to ensure that the individual receives the disclosure before departing to attend the presentation.  If the initial invitation to the sales presentation is made while a prospective purchaser is on the premises, the written notice may be provided directly to the individual prior to the sales presentation.  Passed:  50-0. 

Senate Resolution 126 (Robbins) urges Congress to repeal or delay the creation of a national identification card and the implementation of the REAL ID Act of 2005.  Adopted by Voice Vote. 

Senate Resolution 129 (Stout) opposes the designation of national interest electric transmission corridors and urges Congress to repeal or modify certain provisions of the Energy Policy Act of 2005.  Adopted by Voice Vote. 

Senate Resolution 142 (C. Williams) recognizes June 27, 2007 as "National HIV Testing Day."  Adopted by Voice Vote. 

House Bill 781 (Wojnaroski) would redesignate the Maple Avenue Bridge carrying State Route 271 over the Little Conemaugh River and the Norfolk Southern mainline in Johnstown, Cambria County as the Colonel John Joseph Tominac Memorial Bridge.  Passed:  49-0. 

House Bill 881 (Haluska) would amend Title 34 (Game) of the Pennsylvania Consolidated Statutes to make a number of changes.  Among other modifications, the bill would: 

• Expand the definition of persons permitted to kill game or wildlife in order to protect property to include any "other person as authorized by commission permit."
• Permit the use of a flashlight or spotlight, carried or worn on the person or mounted on a firearm, to take furbearers, provided that the light mounted on the firearm does not incorporate a laser light to indicate the intended point of impact.
• In addition to instances where an actual attempt is made to kill game or wildlife, require a person to be actually hunting game or wildlife rather than simply possessing any firearm or implement capable of killing game or wildlife in order to be subject to the enhanced penalties for a violation of section 2310 (Unlawful use of lights while hunting).  Passed:  50-0.

Executive Session 

Nominations to Various Boards and Commissions, including two members of the Pennsylvania Public Utility Commission.  (See Attached)  Confirmed:  50-0. 

Thursday, June 28, 2007 

Senate Bill 1006 (Earll), the Gaming Control Appropriation Act of 2007, would appropriate $45.1 million from the State Gaming Fund to state agencies involved in the regulation of the gaming industry for the 2007-2008 fiscal year and for the payment of bills incurred and remaining unpaid on June 30, 2007.  Of this amount, $26.6 million would be appropriated from restricted revenue accounts within the fund to the Pennsylvania State Police ($10.6 million), the Department of Revenue ($7.8 million), and the Attorney General ($799,000) for salaries, wages, and all necessary expenses related to gaming.  In addition, an appropriation in the amount of $7.4 million would be made to the Pennsylvania Gaming Control Board for its salaries, wages, and operations.  Further, the bill would appropriate $18.5 million to the Board from unrestricted funds.  This amount would constitute a loan that would eventually be repaid by proportionate assessments upon slot machine licensees.  Finally, the bill would clarify that neither the Board nor other state officials have any authority to move revenues between the appropriations of this bill.  Passed:  49-0.  (Note:  Similar legislation, House Bill 1287, was passed by the Senate on Saturday, June 30, 2007.) 

Senate Resolution 114 (Madigan) urges Congress and the United States Department of Agriculture to use dairy farmers' cost of production as part of the method for calculating Federal order minimum milk prices.  Adopted by Voice Vote. 

Senate Resolution 139 (Brubaker) designates the month of August 2007 as "Pennsylvania Produce Month."  Adopted by Voice Vote. 

Senate Resolution 144 (Baker) directs the Legislative Budget and Finance Committee (LB&FC) to study the economic impact of the proposed Cargo Airport on the greater Hazelton area and the potential risks and rewards to the Commonwealth of providing economic development funds to support this project.  The LB&FC would report its findings and conclusions to the Senate by June 30, 2008.  Adopted by Voice Vote. 

Senate Resolution 145 (Greenleaf) designates the month of September 2007 as "Prostate Cancer Awareness Month" in Pennsylvania.  Adopted by Voice Vote. 

Senate Resolution 146 (C. Williams) designates the month of September 2007 as "Ovarian Cancer Awareness Month" in Pennsylvania.  Adopted by Voice Vote. 

Senate Resolution 147 (Gordner) honors the Borough of Millersburg, Dauphin County on the bicentennial anniversary of its founding.  Adopted by Voice Vote. 

House Bill 840 (Rapp) would designate the Main Street Bridge on State Route 69 in the Borough of Sugar Grove, Warren County as the AMVETS POW-MIA Memorial Bridge.  Passed:  50-0. 

House Bill 917 (Phillips) would amend the Borough Code to permit boroughs to sell real or personal property to a council of government, consortium, cooperative or other similar entity without following the advertising and competitive bidding requirements of the Code.  Passed:  49-0. 

House Bill 1367 (DeWeese) would amend the Public Welfare Code to extend the sunset date on the nursing home provider assessment from June 30, 2007 to June 30, 2012.  Under the assessment provisions, the Department of Public Welfare (DPW) is authorized to levy an annual assessment on non-public (for-profit and non-profit) nursing homes.  Beginning in 2007, DPW would be authorized to impose a monetary assessment on each county nursing facility.  If the Department implements an assessment on county nursing facilities, it would be required to allocate assessment revenues available to maintain and increase program payments to both county and non-county nursing facilities in a manner that is consistent with federal law and without creating a direct or an indirect guarantee to hold any nursing facility harmless. 

House Bill 1367 includes amendments that address current litigation regarding the bed moratorium (Eastwood Nursing & Rehabilitation Center v. DPW).  The bill would require DPW to issue regulations establishing the process and criteria by which it will review and respond to nursing home requests for additional medical assistance certified beds.  The Department would be required to propose the regulations before July 1, 2009.  Pending approval of the regulations, a nursing facility's request to DPW for an increase in beds would be reviewed in accordance with the Department's Statement of Policy on the matter.  The legislation also addresses pending litigation regarding the reimbursement rate cap (Christ the King Manor v. DPW) to require that payments to nursing homes must be made in accordance with the approved Title XIX State Plan during the time in which a rate cap was effective.  Further, the bill would allow DPW to adjust payments in order to contain increases in the funds appropriated by the General Assembly.  The legislation would also authorize the Department to issue emergency regulations if certain conditions are met. 

In addition, the measure would establish a Senior Care and Services Study Commission to assess the health care needs of the state's current and future senior population.  The Commission would be required to issue a report no later than 18 months following its establishment and submit the report to the Governor and the General Assembly.  The report would also be posted on the Department of Aging's website.  The Commission would expire following the issuance of its report or three years after its establishment, whichever occurs sooner.  Finally, the bill would require that that the meetings and deliberations of the Pharmaceutical and Therapeutics Committee be open to the public.  Passed:  49-0. 

Friday, June 29, 2007 

Senate Bill 468 (Regola) proposes an amendment to the Pennsylvania Constitution to prohibit lame duck sessions.  Specifically, the bill would prohibit the General Assembly from convening a voting session beginning on the first Tuesday after the first Monday in November through November 30 in any even-numbered year.  The prohibition would not apply if the General Assembly was meeting in special session.  Passed:  41-8. 

Senate Resolution 148 (C. Williams) observes July 4, 2007 as "Let Freedom Ring Day" and encourages Pennsylvania to participate in the National Bell Ringing Ceremony that will occur on that day.  Adopted by Voice Vote. 

Senate Resolution 149 (Dinniman) designates the week of July 15 through 21, 2007 as "Probation, Parole and Community Supervision Week" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 150 (Greenleaf) designates July 22, 2007 as "Parents' Day" in Pennsylvania.  Adopted by Voice Vote. 

House Bill 496 (George) would amend the Radiation Protection Act to revise and increase fees paid by the owners and operators of nuclear power reactors and other facilities to the Department of Environmental Protection (DEP), the Pennsylvania Emergency Management Agency (PEMA) and the Pennsylvania State Police.  The bill would also transfer the authority to establish fees for the registration of radiation sources and the licensing of radiation source users from the Department of Environmental Protection to the Environmental Quality Board. 

Every three years beginning in 2009, DEP would convene a working group of personnel from the Department and an equal number of representatives from nuclear facilities selected by the owners of the facilities to review fees paid to the Department and other related issues.  The group would issue a report to the General Assembly with recommendations relating to fees imposed on nuclear sites and nuclear waste.  The Pennsylvania Emergency Management Agency would be required to establish a similar working group to study fees and report to the General Assembly. 

Additional changes would add "high-level waste", "transuranic waste" and "large quantities of radioactive materials" to the provisions relating to the transportation of radioactive material.  Shippers of spent nuclear fuel, high-level waste, transuranic waste or a large quantity of radioactive material would be required to reimburse the State Police for the actual costs of escort services.  The State Police could establish a schedule of fees for escort services and to revise the fees annually.  Revisions to the fee schedule would be published in the Pennsylvania Bulletin.  The measure would require PEMA to add accidents involving the shipment of nuclear fuel, high-level waste, transuranic waste or large quantities of radioactive material to its Transportation Emergency Response Plans. 

The bill would require each nuclear power reactor owner to provide existing plant and radiological monitoring data collected by the owner to DEP.  By July 1, 2008, each owner would have to enter into an agreement with the Department establishing protocols to provide the data.  The measure further specifies that the Peach Bottom Atomic Power Station, Unit 1, and the Three Mile Island Nuclear Generating Station, Unit 1, would be subject to actual DEP cost recovery for decommissioning oversight responsibilities.  The costs would be invoiced to the person holding the Nuclear Regulatory Commission license at the end of each fiscal quarter.  Passed:  50-0. 

House Bill 635 (Surra) would amend the County Code to extend the date by which county auditors must complete their audit and submit their annual report to the court of common pleas and the Department of Community and Economic Development.  The date for the completion of the audit would be extended from April 1 to July 1, while the date for the submission of the annual report of the financial condition of the county would be extended from May 1 to July 1.  Passed:  50-0.

House Bill 1169 (Dermody) would designate the bridge carrying State Route 2073 over Plum Creek between the boroughs of Oakmont and Verona in Allegheny County as the Roger F. Duffy Viaduct.  Roger F. Duffy, who passed away in March 2007, represented the 33rd Legislative District in the Pennsylvania General Assembly from 1977 to 1988.  Passed:  50-0. 

Executive Session 

Numerous Judicial Nominations – Two-Thirds Vote Required.  (See Attached) Confirmed:  50-0. 

Nominations to Various Boards and Commissions, including numerous Magisterial District Judges.  (See Attached)  Confirmed:  50-0. 

Saturday, June 30, 2007 

Senate Bill 704 (Vance) would amend the Public Welfare Code to provide for the regulation of assisted living residences.  The bill would place the responsibility for the licensing and oversight of assisted living residences within the Department of Public Welfare.  It would also add the term assisted living residence to various sections of the Public Welfare Code dealing with personal care homes thereby extending similar requirements to assisted living residences.  Two representatives of the assisted living residence community would be also added to the Intra-Governmental Council on Long-Term Care. 

Under additional provisions of the bill, assisted living residences would be required to demonstrate that they can safely provide supplemental health care services as a condition of licensure, but could admit and retain residents not requiring such services.  Personal care homes would be prohibited from providing supplemental health care services, but could assist a consumer in securing those services.  A screening process is required prior to admission to ensure that a consumer's needs are addressed.  An assisted living residence would be prohibited from admitting, retaining, or serving individuals with specified conditions unless an exception is granted by the department.  A residence could admit individuals with other specified conditions if it can be shown that the consumer's specific health care needs can be met.  Priority for Medicaid home and community-based waiver services would be given to residents of assisted living residences.  The Department would be required to set licensure fees and to develop regulations in collaboration with industry stakeholders, consumers and other interested parties. 

The bill allows for a transitional period whereby homes currently operating as personal care homes could continue to offer supplemental health care services if they submit a plan demonstrating the ability to operate safely and effectively as an assisted living residence.  Personal care home administrators and direct care staff are permitted to act as assisted living residence administrators and direct care staff unless the department establishes other qualifications.  The legislation would take effect January 1, 2009.  Passed:  46-3. 

Senate Bill 857 (Orie) would amend the Second Class County Port Authority Act to require the Office of the Auditor General to annually review the performance, procedure, operating budget, capital budget and debt of the authority and to audit the accounts of the authority prior to the receipt of any state funds for the next fiscal year.  The Auditor General would certify whether the authority is entitled to continue to receive such funds per the audit.  The Auditor General would be authorized to examine original source documents to ensure the integrity of the audit.  The measure would also require the authority board to engage an outside consultant every four years to conduct a comprehensive management study of the entire operation of the authority.  Current law only requires a comprehensive management study every eight years.  No member of the authority board could have a financial or other interest in any entity retained as a consultant.  Copies of both of the audits would be provided to the Governor and the Majority and Minority Chairmen of the Senate and House Transportation Committees.  The bill would establish the membership of the authority board at nine members with five members appointed by the county executive (one of who would have to be a member of the county council) and four members appointed by the legislative leaders.  Except for the county council member, no authority board members could hold any other elected or party office.  Further, all members appointed to the board must possess qualifications and skills related to the operation of a transit authority.  On or before July 1, 2008, the county executive would be required to designate four members of the board to be replaced by the legislative appointees.  Passed:  29-21.

Senate Resolution 151 (Kasunic) designates the week of July 22 through 29, 2007 as "Nine for Nine Remembrance Week" in Pennsylvania, commemorating the fifth anniversary of the heroic and unyielding efforts of those persons involved in the rescue of the nine coal miners trapped in the Quecreek coal mine, Somerset County from July 24 through 27, 2002.  Adopted by Voice Vote. 

House Bill 10 (D. O'Brien) would amend the Judicial Code to add Subchapter C to Chapter 17 to eliminate the link between Pennsylvania judicial salaries and the salaries of federal judges.  Any justice of the Supreme Court, judge of the Superior Court, judge of the Commonwealth Court, judge of a court of common pleas, judge of the Philadelphia Municipal Court, judge of the Philadelphia Traffic Court or magisterial district judge elected or appointed following the effective date of the bill would receive a salary equal to the salary payable to persons who held that judicial office on the day prior to the effective date, plus $1 and any applicable cost-of-living adjustment.  A judge serving on the effective date of the bill would receive a salary equal to the salary payable to persons holding that office on the day prior to the effective date of the bill, plus $1 and any applicable cost-of-living adjustment. 

Beginning January 1, 2008 and each January 1 thereafter, the annual salaries for judges would be increased by the percentage change in the Consumer Price Index for All Urban Consumers for the PA, NJ, DE and MD area for the most recent 12-month period for which figures are reported by the United States Department of Labor immediately prior to the date the adjustment is due to take effect.  The Pennsylvania Supreme Court would have exclusive jurisdiction to hear any challenge to or to render a declaratory judgment concerning the constitutionality of the subchapter.  The bill will also create a Criminal Justice Enhancement Account funded by a $50 assessment on criminal defendants for costs of prosecution and from fines imposed for certain enumerated offenses.  The funds would be used to fulfill the state's statutory obligation of reimbursing counties for sixty-five percent of full-time district attorneys' salaries.  Passed:  36-14.

House Bill 369 (Fairchild) would amend the Emergency and Law Enforcement Personnel Death Benefits Act to extend the death benefit to hazardous materials response team members who die as a result of the performance of their duties.  Passed:  50-0. 

House Bill 778 (Staback) would amend Title 30 (Fish) and Title 42 (Judiciary and Judicial Procedure) to make a number of changes.  The bill would attempt to align provisions related to operating watercraft under the influence of alcohol or a controlled substance more closely with those contained in the Vehicle Code related to driving under the influence of alcohol or a controlled substance.  Among other modifications, the bill would: 

• Lower the amount of fines for certain Fish Code violations.  More specifically, the maximum fine for a misdemeanor of the second degree would be lowered from $7,500 to $5,000 and the minimum fine for a violation of a misdemeanor of the first degree would be lowered from $2,500 to $1,500.
• Provide that any person intentionally violating any rule or regulation related to threatened or endangered species commits a misdemeanor of the third degree with each fish constituting a separate offense (a fish caught and immediately released unharmed does not constitute a violation).
• Permit chemical tests of blood or urine to determine the amount of alcohol or the presence of a controlled substance using procedures and equipment prescribed by a Pennsylvania State Police criminal laboratory.  Current law limits tests to those utilizing procedures and equipment prescribed by the Department of Health.
• Technically clarify that such a blood or urine test need not be completed within two hours of the incident, but only the sample necessary to conduct such a test be collected within the required time frame.
• Restructure the grading of offenses under § 5502 of the Fish Code relating to operating watercraft under the influence of alcohol or a controlled substance.
• Provide that any person who receives a penalty imposed pursuant to 30 PA.C.S. § 5502 (C.1) (relating to operating watercraft under influence of alcohol or controlled substance) may only be sentenced to a county intermediate punishment program for a first, second, or third offense and that a defendant sentenced to such punishment may only be sentenced to house arrest with electronic surveillance or to partial confinement programs (such as work release, work camps, and halfway facilities) or a combination thereof.  Passed:  48-2.

House Bill 842 (Grucela) would amend the Public School Code to outline the funding parameters for Pennsylvania schools during the 2007-08 Fiscal Year and to make numerous other changes.  The measure would:

• Allow the Secretary of Education to place high school students residing in a fiscally and academically distressed school district of the third class (Duquesne School District) in two or more school districts located within three miles of the distressed school district's border.  The receiving school district would receive tuition from the distressed school district, with expenses incurred by the sending district being offset by savings related to the closure of the high school.  Furloughed professional employees of the distressed school district would have priority for employment by the receiving school districts.  The Legislative Budget and Finance Committee would conduct an annual financial audit of the distressed school district and provide an annual financial report to the General Assembly;
• Require the Department of Education to notify educators 31 days in advance of their certification becoming inactive;
• Limit the time period the Department could place a professional educator's certificate on inactive status to between June 30 and July 31 of each year;
• Extend the authority for educational assistance funding (tutoring) to the 2007-08 school year and provide that school districts would receive the same allotment as in the previous year; 
• Authorize a Commonwealth Partnership School District (Pittsburgh School District) to dismiss certain management employees who do not hold state certification;
• Prohibit a school district from placing a limit on the number of students who enroll in a charter or cyber charter school;
• Provide for the distribution of the State-aid to public libraries;
• Provide for basic education payments to school districts.  All schools are guaranteed at least a 2.25 percent increase over Fiscal Year 2006-07.  The distribution formula would include:  a base supplement, hold harmless provision, commonwealth supplement, tax effort supplement, small district assistance, poverty supplement, foundation supplement, growth supplement, limited English proficiency and inflation index supplement;
• Provide up to $11,200,000 from the Special Education appropriation to intermediate units for institutionalized children;
• Provide for the special education payments to school districts.  All schools are guaranteed at least a two percent increase over Fiscal Year 2006-07.  The distribution formula includes:  a hold harmless provision, base supplement and an inflation supplement;
• Expand the program options from which school districts may choose to expend Pennsylvania Accountability Grants to include:  foreign language instruction in early grades, strengthening high school curricula, and intensive teacher training and teaching resources for elementary science teachers; and
• Provide that school districts will receive the same amount in Pennsylvania Accountability Grants as the previous year, with an additional $25 million being dispersed ($18,750,000 to help students scoring below proficient attain proficiency and $6,250,000 to maintain and reward proficiency).  Passed:  45-4.

House Bill 966 (R. Taylor) 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 amend several definitions and add a definition of "shareholder."  The definition of "insurer" would be amended to include hospital plan corporations and professional health services plan corporations (Blue Cross and Blue Shield Plans) and the definition of "person" would be amended to include an "insurer." 

The bill would establish an Insurance Restructuring Public Interest Review Board to review the merger, consolidation or other acquisition of control of a hospital plan corporation or professional health services plan corporation.  The board would include the Auditor General, the Secretaries of Health and Public Welfare, the Majority and Minority leaders of the Senate and House and two members of the general public appointed by the Governor.  One of the public appointees would be an insured of a hospital plan corporation or professional health services plan corporation, while the other would be a health care provider who is currently or who has been a provider pursuant to a contract with a hospital plan corporation or a professional health services plan corporation.

The board would review all filings related to mergers, consolidations or other acquisitions of control and hold at least one public hearing at which the Department would present findings.  The board would make written recommendations to the Department.  The Department would have to provide a written response to each recommendation submitted by the board, including the reason the recommendation will or will not be adopted and a written determination that the merger will result in a sustained benefit for Pennsylvania policyholders.  The Department could not approve a merger or consolidation of a health plan corporation or health services plan corporation until it has responded to the recommendations of the board.  The board would have 30 days to review the Department's response.  The Department could not approve the merger for 60 days following the submission of its information to the board.

The board could appoint financial experts or auditors to determine the amount of the net economic benefit or savings to be derived from the merger, the amount of the plans' reserves and the amount dedicated to the plans' social mission.  House Bill 966 would create a restricted receipt account for the deposit of net economic benefits, proceeds, savings or other moneys derived from the merger which are to be used for Commonwealth health care programs.  The bill would prohibit contracts between the Commonwealth and the hospital plan corporation or professional health services plan corporation relating to the disbursement or spending of the economic benefits of the merger until the funds are appropriated by the General Assembly.  Hospital plan corporations and professional health services plan corporations would be required to report annually to the Department and the House Insurance Committee and the Senate Banking and Insurance Committee a list of all contracts and funds spent.  The provisions of House Bill 966 would apply to an application, statement, or other plan or proposal relating to a merger, consolidation or other acquisition of control filed with the Department on or after January 1, 2007.  The GAA Amendments Act of 1990, which relates to consolidations, would be repealed insofar as it is inconsistent with this Act.

Finally, the measure would modify the provisions governing the Life and Health Insurance Guaranty Association.  House Bill 966 would increase the amount for which the Association may become liable in the event of an insurer insolvency to $300,000 (rather than the current amount of $100,000) for health insurance benefits, including any net cash surrender and net cash withdrawal values.  The bill would also establish a $300,000 limit for long-term care insurance benefits, as defined under section 1103, including any cash surrender and net cash withdrawal values.  Passed:  29-19.

House Bill 1228 (Surra) would re-designate the Clarion River Bridge on Main Street in Ridgway, Elk County as the Rear Admiral Paul H. Speer Bridge.  Passed:  50-0.

House Bill 1287 (D. Evans), the Gaming Control Appropriation Act of 2007, would appropriate $50.2 million from the State Gaming Fund to state agencies involved in the regulation of the gaming industry for the 2007-2008 fiscal year and for the payment of bills incurred and remaining unpaid on June 30, 2007.  Of this amount, $27.6 million would be appropriated from restricted revenue accounts within the fund to the Pennsylvania State Police ($11.6 million), the Department of Revenue ($7.8 million), and the Attorney General ($799,000) for salaries, wages, and all necessary expenses related to gaming.  In addition, an appropriation in the amount of $7.4 million would be made to the Pennsylvania Gaming Control Board for its salaries, wages, and operations.  Further, the bill would appropriate $22.6 million to the Board from unrestricted funds.  This amount would constitute a loan that would eventually be repaid by proportionate assessments upon slot machine licensees.  Finally, the bill would clarify that neither the Board nor other state officials have any authority to move revenues between the appropriations of this bill.  Passed:  50-0.  (Note:  Similar legislation, Senate Bill 1006, was passed by the Senate on Thursday, June 28, 2007.)

Executive Session

Daniel J. Anders – Judge, Court of Common Pleas, Philadelphia County.  Confirmed:  50-0.

Nominations to Various Boards and Commissions.  (See Attached)  Confirmed:  50-0.