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

Monday, April 28, 2008

Senate Bill 232 (Greenleaf) would amend the Crimes Code to allow criminal history information to be expunged when the individual, who is the subject of the information, petitions the court for expungement of a summary offense and the individual has been free of arrest or prosecution for five years following the conviction for that offense.  An additional change would add indecent exposure to the list of crimes for which a court is prohibited from expunging a defendant's arrest record where the defendant was placed on Accelerated Rehabilitative Disposition and the victim was under 18 years of age.  Passed:  48-0.

Senate Bill 810 (Musto) would authorize the Department of General Services to convey 0.51 acres and a one-story building in Pittston, Luzerne County to the Redevelopment Authority of the City of Pittston for fair market value as determined by an independent appraisal.  No portion of the conveyance could be used as a licensed gaming facility or it would revert to the Commonwealth.  In the event the conveyance is not executed within six months of the effective date of the act, DGS is authorized to dispose of the property in accordance with section 2406-A of the Administrative Code of 1929.  Concurrence in House Amendments, as Amended: 48-0.

Senate Resolution 264 (Gordner) recognizes May 1, 2008 as the "National Day of Prayer" in Pennsylvania and encourages the celebration of religious freedom.  Adopted by Voice Vote.

Senate Resolution 297 (Mellow) designates May 2008 as "Skin Cancer Awareness Month" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 298 (Tartaglione) designates the month of May 2008 as "Law Month" in Pennsylvania and urges lawmakers, lawyers, judges and schools to participate.  Adopted by Voice Vote.

Senate Resolution 299 (Fontana) recognizes the week of April 27 through May 3, 2008 as "National Volunteer Week" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 300 (Stack) designates May 2 through 9, 2008 as "Days of Remembrance of the victims of the Holocaust" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 301 (Gordner) honors the players and coaches of the 1950 Coal Township High School Purple Demons football team and commemorates their undefeated season and victory in the Eastern Conference Championship game.  Adopted by Voice Vote.

Senate Resolution 302 (Musto) designates the week of May 4 through 10, 2008 as "Drinking Water Week" in Pennsylvania.  Adopted by Voice Vote.

Tuesday, April 29, 2008

Senate Bill 1269 (Greenleaf) would amend the Judicial Code to prohibit the admission of incriminating information or a confession obtained from a child during a mental health screening or assessment in delinquency proceedings.  The bill provides that no statements, admissions or confessions made by or obtained from a child in the course of a screening or assessment, including court-ordered assessments, could be admissible to determine whether the child committed a delinquent act or on the issue of guilt in a criminal proceeding.  The evidence could be considered in a disposition hearing even though it was not admissible evidence.

Passed: 45-4.

Senate Resolution 263 (Waugh) directs the Legislative Budget and Finance Committee to conduct a study relating to the funds collected from the fee for construction or building permits and to report its findings to the General Assembly.  Adopted by Voice Vote.

Senate Resolution 303 (Tartaglione) honors Pennsylvania's senior citizens by designating the month of May 2008 as "Older Americans:  Working Together for Strong, Healthy, and Supportive Communities Month" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 304 (Boscola) congratulates C. F. Martin & Company upon the 175th anniversary of its founding and commends it for its positive globally conscious environmental and business practices.  Adopted by Voice Vote.

Senate Resolution 305 (Rafferty) recognizes the week of May 11 through 17, 2008 as "National Police Week" and May 5, 2007 as "Police Officers' Memorial Day" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 306 (Vance) designates the month of May 2008 as "Arthritis Awareness Month" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 307 (Washington) designates the month of May 2008 as "Foster Care Month" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 308 (Washington) recognizes May 8, 2008 as "National Children's Mental Health Awareness Day" in Pennsylvania.  Adopted by Voice Vote.

Executive Session

Nominations to Various Boards and Commissions.  (See Attached)  Confirmed:  49-0.

Wednesday, April 30, 2008

Senate Bill 820 (Pileggi) would amend the Telemarketer Registration Act to prohibit the use of automatic dialing recorded message systems by political candidates, parties, committees and organizations to individuals who have requested that their names be included on a do-not-call list.  This list would have to be developed and maintained separately from the do-not-call list for commercial telemarketers.  The list would have to be completed by September 15, 2008.  The Office of Attorney General could serve as the list administrator.  If the Office of Attorney General does not serve as the list administrator, the administrator would have to provide the list to the Attorney General on a biannual basis.  Entities that make automatic political calls would be required to obtain, on a biannual basis, a listing of residential and wireless subscribers who have placed their names on the do-not-call list.  A violation of these provisions would be a violation under the Unfair Trade Practices and Consumer Protection Law punishable by a fine of up to $1,000 per violation.  These provisions would not apply to political calls made by individuals and not made by automatic dialing-announcing devices.  Passed:  48-1.

Senate Bill 1063 (Earll) would amend the Local Tax Enabling Act to consolidate the collection of local earned income taxes at the county level.  A tax collection district would be established in each county, except in a county of the first or second class, for purposes of collecting income taxes.  The geographic boundary of the tax collection district would be coterminous with the county in which it is created.  A school district located in more than one county would be included in the tax collection district with the greatest share of the school district's population.  A municipality would be included in the tax collection district in which its school district is located.  Second class counties with a population of over 1 million containing a second class city (Allegheny) would be divided into four tax collection districts.

Each tax collection district would be governed by a tax collection committee composed of representatives of the municipalities in the district.  Representatives of the municipalities that levy an income tax would be voting delegates, while delegates representing municipalities that do not levy an income tax would be nonvoting.  Votes would be weighted among the governing bodies of the member political subdivisions based on population and income tax revenue collections.  The tax collection committee would not have the power to change the rate or subject of any tax.  The first meeting of the tax collection committee in each district would have to be on or before November 15, 2009.  Meetings of the tax collection committee would be conducted under the Open Meetings and Right to Know Laws.  No later than April 15, 2010, the delegates of each tax collection committee would be required to adopt bylaws to govern the committee. 

By September 15, 2010, each tax collection committee would be required to appoint a tax officer to collect and administer the taxes in the tax collection district.  Two or more tax collection districts could appoint the same tax officer.  Further, if two or more tax collection districts form a joint tax collection committee, the joint tax collection committee would appoint a single tax officer.  A tax collection committee could not appoint a tax officer that has been convicted of a felony involving fraud, extortion or dishonesty; has engaged in conduct which significantly adversely reflects on the applicant's credibility, honesty or integrity; is unable to obtain the required bonds; has not satisfied the mandatory education requirements; or does not meet the qualifications and requirements established by the Department of Community and Economic Development (DCED).  The tax officer would receive reasonable compensation for services and expenses as determined by the tax collection committee.  Provisions would also be established for the removal and replacement of a tax officer.

The Department of Community and Economic Development would be required to conduct a study of existing local earned income tax collection methods and practices to identify characteristics that appear to promote the greatest likelihood of effectiveness, cost efficiency, and loss prevention.  The Department would then furnish each tax collection committee with a report of the findings and recommendations resulting from the study, including sample bylaws, regulations, forms, etc.  As part of the study, DCED would also investigate and report upon the feasibility of contracting on a statewide basis for the development and/or procurement of appropriate software systems that may be adopted and purchased by county tax collection districts or their tax officers through the Commonwealth's cooperative purchasing program.  Before 2017, the Legislative Budget and Finance Committee (LB&FC) would also conduct an audit and evaluation of the impact of the new system to determine the extent to which income tax revenue losses have been minimized or eliminated, whether consolidation and standardized withholding and remittance has simplified the system, and whether it has reduced the burden of withholding for employers.  Copies of the LB&FC audit findings would be filed with the chairs of the Senate and House Finance Committees, DCED, the Auditor General, and with each tax collection committee.

Among other provisions, the legislation would also establish a system for appeals, provide for mediation of taxation disputes, establish fines and penalties for violations of the act, strengthen reporting requirements and institute a comprehensive tax register.  Passed:  41-8.

Senate Bill 1107 (Folmer) would amend the Domestic Relations Code to prohibit a court from modifying a custody order that existed when an eligible servicemember was deployed in support of a contingency operation.  A court could order a temporary custody order if there is clear and convincing evidence that it is in the best interest of the child.  If a temporary custody order is entered, the court would have to require that the original custody order be reinstated upon the return of the servicemember.  A contingency operation would have be defined as a military operation that is designated by the Secretary of Defense as an operation where members of the armed forces could become involved in military actions or result in the call or order to active duty.  Passed:  49-0.

Senate Resolution 296 (Baker) designates May 1, 2008 as "Loyalty Day" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 310 (Greenleaf) designates the month of May 2008 as "Crohn's Disease and Ulcerative Colitis Awareness Month" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 311 (Vance) recognizes the importance of international education on the 60th anniversary of NAFSA:  Association of International Educators.  Adopted by Voice Vote.

Senate Resolution 312 (Earll) recognizes the week of May 4 through May 10, 2008 as "National Charter Schools Week" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 313 (Pippy) recognizes May 2008 as "Science:  It's Elementary Showcase of Student Learning Month" in Pennsylvania and commends Science:  It's Elementary for its outstanding contributions to the science education reform initiative.  Adopted by Voice Vote.

Senate Resolution 314 (Costa) designates the week of May 4 through May 10, 2008 as "Juror Appreciation Week" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 315 (Wozniak) designates the month of May 2008 as "Sleep Apnea Awareness Month" in Pennsylvania.  Adopted by Voice Vote.

Senate Resolution 316 (Orie) recognizes and honors firefighters throughout the Commonwealth for their bravery, dedication and heroism and designates May 4, 2008 as "Firefighter's Day" in Pennsylvania.  Adopted by Voice Vote.