Monday, June 16, 2008 

Senate Bill 1385 (Corman) would amend the Tax Reform Code of 1971 to increase the cap on the net operating loss deduction from the greater of 12.5 percent of taxable income or $3 million to the greater of 20 percent of taxable income or $5 million.  The change would apply to taxable years beginning after December 31, 2008.  Passed:  31-19. 

Senate Bill 1386 (Regola) would amend the Tax Reform Code of 1971 to increase the eligibility limits under the special tax provisions for poverty under the Personal Income Tax by $2,000 over three years.  In addition, the dependent allowance would be increased by $500 over the three years.  Passed:  34-16. 

Senate Bill 1387 (Vance) would amend the Tax Reform Code of 1971 to increase the amount that small businesses are permitted to deduct for certain machinery and equipment under the Personal Income Tax from $25,000 to $50,000.  The property would have to qualify under Section 179 of the Internal Revenue Code, which allows the cost of certain property, up to a limit, to be deducted in the year that the property is placed in service instead of over its depreciable life.  The change would apply to property placed in service after December 31, 2008.  Passed:  35-15. 

Senate Bill 1388 (Eichelberger) would amend the Tax Reform Code of 1971 to increase the weight of the sales factor from 70 percent to 85 percent in the formula used to apportion the income of multi-state corporations under the Corporate Net Income Tax.  The change would apply for taxable years beginning after December 31, 2008.  Passed:  31-19. 

Senate Bill 1442 (Rhoades) would amend the Public School Code to clarify that any statewide requirements for high school graduation from a public school entity in the Commonwealth could be established only by an act of the General Assembly.  Passed:  48-2. 

Senate Resolution 345 (Kitchen) observes June 16, 2008 as "Juneteenth National Freedom Day" in Pennsylvania.  Adopted by Voice Vote.   

House Bill 1863 (Hanna) would designate the bridge on PA Route 120 crossing the railroad tracks at the east end of Renovo Borough, Clinton County as the Western Clinton County Veterans Bridge.  Passed:  50-0. 

Tuesday, June 17, 2008 

Senate Bill 250 (Browne) would create the Mortgage Property Insurance Coverage Act.  The bill would prohibit a lender from requiring a borrower, as a condition of obtaining or maintaining a secured loan, to obtain property insurance coverage which exceeds the replacement value of buildings and structures on the land used to secure the loan.  The legislation also specifies that a borrower on a loan secured by real property could not be required to insure the value of the land.  Passed:  50-0. 

Senate Bill 546 (Waugh) would amend the General Appropriation Act of 2007 to provide supplemental General Fund and federal funds appropriations for Fiscal Year 2007-2008.  Net General Fund appropriations total $13,310,000, while net federal funds appropriations total $56,690,000.  The measure would also make a new $100,000 federal appropriation to the Department of Aging for improving legal advocacy for seniors.  Further, the bill would extend the lapse date for all Fiscal Year 2007-2008 appropriations from June 30, 2008 to the effective date of the 2008 General Appropriation Act.  Passed:  29-21. 

Senate Bill 1363 (Robbins) would amend the Paid Firemen Civil Service Employee Law to make civil service requirements for firefighters in incorporated towns consistent with federal and state anti-discrimination law.  The legislation would bring municipal law provisions governing pre-hiring examinations of firefighters into compliance with the federal Americans with Disabilities Act (ADA), which clearly disallows requiring a medical examination of all applicants before an offer of employment.  However, the ADA does allow medical examinations and inquiries with certain conditions.  This legislation would meet ADA requirements by: 

• Clearly delineating a difference between prohibited pre-offer "medical examinations" and permissible job-related "physical and agility tests" that may occur at anytime during the testing process.
• Clearly defining "medical examinations" in accordance with federal law, including "psychological medical examinations," and specifying that medical examinations may not occur until a conditional offer of employment has been made.
• Removing the ability of a municipality to disqualify a candidate, at the pre-offer stage, on the basis of a "disability" because of past or current addiction to alcohol, or past addiction to drugs.  Current illegal use of narcotics is not a protected disability, thus a prospective employer may ask questions related to current use of illegal drugs.
• Clearly specifying where in the process "medical examinations" may occur in relation to the written examination, when veteran's preference points are to be awarded, and how long eligibility lists may be in effect.  Passed:  50-0.

Senate Bill 1364 (Robbins) would amend the Local Police Officers Civil Service Employee Law to make civil service requirements for police in incorporated towns consistent with federal and state anti-discrimination law.  The legislation would bring municipal law provisions governing pre-hiring examinations of police into compliance with the federal Americans with Disabilities Act (ADA), which clearly disallows requiring a medical examination of all applicants before an offer of employment.  However, the ADA does allow medical examinations and inquiries with certain conditions.  This legislation would meet ADA requirements by: 

• Clearly delineating a difference between prohibited pre-offer "medical examinations" and permissible job-related "physical and agility tests" that may occur at anytime during the testing process.

• Clearly defining "medical examinations" in accordance with federal law, including "psychological medical examinations," and specifying that medical examinations may not occur until a conditional offer of employment has been made.
• Removing the ability of a municipality to disqualify a candidate, at the pre-offer stage, on the basis of a "disability" because of past or current addiction to alcohol, or past addiction to drugs.  Current illegal use of narcotics is not a protected disability, thus a prospective employer may ask questions related to current use of illegal drugs.
• Clearly specifying where in the process "medical examinations" may occur in relation to the written examination, when veteran's preference points are to be awarded, and how long eligibility lists may be in effect.  Passed:  50-0.

Senate Bill 1365 (Robbins) would amend the Borough Code to make civil service requirements for police and firefighters in boroughs consistent with federal and state anti-discrimination law.  The legislation would bring municipal law provisions governing pre-hiring examinations of police and firefighters into compliance with the federal Americans with Disabilities Act (ADA), which clearly disallows requiring a medical examination of all applicants before an offer of employment.  However, the ADA does allow medical examinations and inquiries with certain conditions.  This legislation would meet ADA requirements by: 

• Clearly delineating a difference between prohibited pre-offer "medical examinations" and permissible job-related "physical and agility tests" that may occur at anytime during the testing process.
• Clearly defining "medical examinations" in accordance with federal law, including "psychological medical examinations," and specifying that medical examinations may not occur until a conditional offer of employment has been made.
• Removing the ability of a municipality to disqualify a candidate, at the pre-offer stage, on the basis of a "disability" because of past or current addiction to alcohol, or past addiction to drugs.  Current illegal use of narcotics is not a protected disability, thus a prospective employer may ask questions related to current use of illegal drugs.
• Clearly specifying where in the process "medical examinations" may occur in relation to the written examination, when veteran's preference points are to be awarded, and how long eligibility lists may be in effect.  Passed:  50-0.

Senate Bill 1366 (Robbins) would amend the First Class Township Code to make civil service requirements for firefighters and police in first class townships consistent with federal and state anti-discrimination law.  The legislation would bring municipal law provisions governing pre-hiring examinations of police and firefighters into compliance with the federal Americans with Disabilities Act (ADA), which clearly disallows requiring a medical examination of all applicants before an offer of employment.  However, the ADA does allow medical examinations and inquiries with certain conditions.  This legislation would meet ADA requirements by: 

• Clearly delineating a difference between prohibited pre-offer "medical examinations" and permissible job-related "physical and agility tests" that may occur at anytime during the testing process.

• Clearly defining "medical examinations" in accordance with federal law, including "psychological medical examinations," and specifying that medical examinations may not occur until a conditional offer of employment has been made.
• Removing the ability of a municipality to disqualify a candidate, at the pre-offer stage, on the basis of a "disability" because of past or current addiction to alcohol, or past addiction to drugs.  Current illegal use of narcotics is not a protected disability, thus a prospective employer may ask questions related to current use of illegal drugs.
• Clearly specifying where in the process "medical examinations" may occur in relation to the written examination, when veteran's preference points are to be awarded, and how long eligibility lists may be in effect.  Passed:  50-0.

Senate Bill 1367 (Robbins) would amend the Third Class City Code to make civil service requirements for police in third class cities consistent with federal and state anti-discrimination law.  The legislation would bring municipal law provisions governing pre-hiring examinations of police into compliance with the federal Americans with Disabilities Act (ADA), which clearly disallows requiring a medical examination of all applicants before an offer of employment.  However, the ADA does allow medical examinations and inquiries with certain conditions.  This legislation would meet ADA requirements by: 

• Clearly delineating a difference between prohibited pre-offer "medical examinations" and permissible job-related "physical and agility tests" that may occur at anytime during the testing process.
• Clearly defining "medical examinations" in accordance with federal law, including "psychological medical examinations," and specifying that medical examinations may not occur until a conditional offer of employment has been made.
• Removing the ability of a municipality to disqualify a candidate, at the pre-offer stage, on the basis of a "disability" because of past or current addiction to alcohol, or past addiction to drugs.  Current illegal use of narcotics is not a protected disability, thus a prospective employer may ask questions related to current use of illegal drugs.
• Clearly specifying where in the process "medical examinations" may occur in relation to the written examination, when veteran's preference points are to be awarded, and how long eligibility lists may be in effect.  Passed:  50-0.

Senate Bill 1368 (Robbins) would amend the Firemen, Civil Service in Third Class Cities Law to make civil service requirements for firefighters in third class cities consistent with federal and state anti-discrimination law.  The legislation would bring municipal law provisions governing pre-hiring examinations of firefighters into compliance with the federal Americans with Disabilities Act (ADA), which clearly disallows requiring a medical examination of all applicants before an offer of employment.  However, the ADA does allow medical examinations and inquiries with certain conditions.  This legislation would meet ADA requirements by: 

• Clearly delineating a difference between prohibited pre-offer "medical examinations" and permissible job-related "physical and agility tests" that may occur at anytime during the testing process.