Senate Bill 105 (Musto) would amend the Administrative Code of 1929 to require the Department of Environmental Protection (DEP) to appoint an independent counsel for the Environmental Quality Board.  At the discretion of the Board, the independent counsel would advise its members on all matters before the board.  All communications between the independent counsel and a board member or the board would be considered privileged and confidential.  The legislation requires that the compensation for the independent counsel be paid from DEP's general government operations appropriation.  Passed:  47-1.

Senate Bill 467 (Armstrong) would amend Title 65 (Public Officers) of the Pennsylvania Consolidated Statutes to increase the penalty for a violation of the Sunshine Act from a fine not to exceed $100 to a fine not to exceed $1,000 plus costs of prosecution for a first offense and $2,000 plus costs of prosecution for a second or subsequent offense.  The bill would prohibit an agency from making a payment on behalf of or reimbursing a member of an agency for a fine or cost resulting from the member's violation of the section.  Passed:  48-0.

Senate Bill 699 (Greenleaf) would amend Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes to further define witness unavailability for the purposes of the tender years hearsay exception.  Specifically, the bill would amend the tender years hearsay exception to include the definition of witness unavailability used in Rule 804(a) of the Pennsylvania Rules of Evidence.  Under Rule 804(a) "unavailability as a witness" includes situations in which the declarant is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity.  Passed:  48-0.

Senate Resolution 91 (Rhoades) urges the President and Congress to increase funding for special education programs provided by the states to the level authorized by the Individuals with Disabilities Education Act.  Adopted by Voice Vote.

Senate Resolution 115 (Orie) recognizes May 2007 as "Amyotrophic Lateral Sclerosis (ALS) Awareness Month" in Pennsylvania and urges the President and Congress of the United States to enact legislation to provide additional funding for research in order to find a treatment and a cure for ALS.  Adopted by Voice Vote.

Senate Resolution 116 (Orie) recognizes and honors firefighters throughout the Commonwealth for their bravery, dedication and heroism and designates May 4, 2007 as "Firefighters' Day" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 117 (Hughes) supports the American Stroke Association's Power to End Stroke campaign.  Adopted by Voice Vote.

Senate Resolution 118 (Piccola) applauds Harrisburg University of Science and Technology on the historic occasion of its inaugural commencement exercise and extends all best wishes for continued success at providing the Commonwealth and it citizens with continued returns of their investment.  Adopted by Voice Vote.

Executive Session

Nominations to Various Boards and Commissions.  (See Attached)  Confirmed:  48-0.

Tuesday, May 8, 2007

Senate Bill 431 (Punt) would authorize the release of Project 70 restrictions on approximately 19.4 acres of Pennsylvania Game Commission land in Huntington Township, Adams County being transferred to Franklyn I. and Carol A. Geist.  In exchange, Project 70 restrictions would be placed on approximately 30.9 acres of land in Huntingdon Township, Adams County being transferred from the Geists to the Game Commission.  The parties to the transaction would bear their respective costs.  Passed:  48-0.

Senate Bill 537 (Greenleaf) would amend Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes to make it unlawful for any person to knowingly install or reinstall a fraudulent airbag on a vehicle.  A person who violates this provision would be guilty of a third degree misdemeanor.  The bill defines a "fraudulent airbag" as any item or object, other than an airbag designed in accordance with federal safety regulations for the make, model and year of motor vehicle that is part of the inflatable restraint system for the motor vehicle.  Passed:  48-0.

Senate Bill 740 (Corman) would authorize the Department of General Services (DGS) to convey approximately 13 acres of land in Benner Township, Centre County to Centre County for $1.  The land would have to be used by the county for municipal purposes authorized by the County Code.  If the county attempts to convey the property, or utilize it for any other purpose, it would immediately revert to the Commonwealth.  In addition, no portion of the property could be used for a licensed gaming facility or it would revert to the Commonwealth.  Costs and fees incidental to the conveyance would be paid by the county.  If the event the conveyance is not executed within 12 months of the effective date of the section, the authority for the conveyance would expire.  The bill would also authorize DGS to sell three parcels of land in Benner Township, Centre County totaling approximately 46.5 acres for a price to be determined through competitive bidding.  The parcels could be offered for sale together or separately.  The Department of General Services is authorized to reserve or grant any easement on the State Correctional Institution at Rockview as the Secretary of the Department of General Services determines is appropriate or desirable, including, without limitation, for access and utility service.  Passed:  48-0.

Senate Bill 755 (Erickson) would increase the piloting charges for conducting vessels from the Capes of the Delaware to destinations on the Delaware River or Bay.  Passed:  48-0.

Senate Resolution 102 (Tomlinson) designates May 19, 2007 as "Child Passenger Safety Day" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 119 (Washington) honors Alpha Kappa Alpha Sorority by designating May 22, 2007 as "Alpha Kappa Alpha Sorority Day" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 120 (C. Williams) designates the month of May 2007 as "Macular Degeneration Awareness Month" and recognizes the Macula Vision Research Foundation for its efforts.  Adopted by Voice Vote.

Senate Resolution 121 (Tomlinson) designates May 19, 2007 as "Pennsylvania Youth Chorale Day."  Adopted by Voice Vote.

Executive Session

The Honorable Michael F. DiBerardinis – Secretary of Conservation and Natural Resources.  Confirmed:  44-4.

The Honorable Kathleen Alana McGinty – Secretary of Environmental Protection.  Confirmed:  42-6.

Nominations to Various Boards and Commissions.  (See Attached)  Confirmed:  48-0.