Senate Passes Bill Barring Statewide Graduation Testing

Military fishing, hunting license bills headed to full Senate

Passage of legislation barring the state from spending $200 million to develop a controversial statewide graduation testing program highlighted the events of the Senate session week of June 8, according to Senator Bob Robbins (R-50).

Senate Bill 281, co-sponsored by Senator Robbins, prohibits the Department of Education from imposing any new statewide requirement for high school graduation without legislative approval.

"I don't believe that one agency or one branch of government should have the power to enter into an agreement to develop a statewide graduation test," Senator Robbins said. "There should be input not only from the General Assembly, but the school districts and families as well."

On April 23, the Department of Education signed a contract agreeing to pay Data Recognition Corp. of Minnesota $201 million to develop a new end-of-year testing proposal -- called the Keystone Exams. The state has already paid $7.9 million toward the contract.

Other bills passed by the Senate during the session week of June 8 include:

Senate Bill 196, co-sponsored by Senator Robbins, permits spouses of a member of the National Guard or reserves on active duty to obtain a military leave of absence from education. The leave is currently only available to the member called to active duty. Members and their spouses will be, upon release from active military duty, be restored to the educational status they had prior to being ordered to military duty without loss of credits, scholarships, grants, fees or tuition.

Senate Bill 240, cosponsored by Senator Robbins, will modernize, standardize and improve Pennsylvania's Emergency Medical Services Law to ensure high levels of patient care and greater public safety. The measure would replace the existing Emergency Medical Services Law with one that is more coordinated and responsive to the current EMS needs of the state.

SB 240 has been 10 years in the making and incorporates considerable input from providers and concerned organizations, according to Senator Robbins, who serves as Vice Chairman of the Senate Veterans Affairs and Emergency preparedness Committee. It adopts national education standards and allows for new provider certification levels to ensure a high level of patient care and public safety. It also establishes clear regulatory authority for the Department of Health and the Bureau of Emergency Medical Services.

Senate Bill 241, co-sponsored by Senator Robbins, amends the Real Estate Licensing and Registration Act to allow real estate salespersons and associate brokers to form a "qualified association" and amends the conditions under which brokers may release escrow funds.

Senate Bill 297 requires Marcellus Shale gas well operators to submit a semi-annual report in addition to the existing annual report, and requires the Department of Environmental Protection to post well production information online. The legislation is intended to encourage additional interest and investment in Marcellus Shale in Pennsylvania.

Senate Bill 687 amends the Public School Code to exempt all school property owned by or leased to any charter school or cyber charter school from all taxes from the Commonwealth, county or local political subdivision, as well as from all costs or other expenses from paving, curbing, sidewalks, sewers or other municipal improvements.

Senate Bill 598 provides for tuition payments for institutionalized children.

Senate Bill 736 directs schools to develop a written policy to allow for the possession and self-administration by children age 10 and over of asthma inhalers and epinephrine auto-injectors.

Committee Roundup

The Senate Appropriations Committee approved three bills on Monday:

Senate Bill 301, co-sponsored by Senator Robbins, which reduces the required number of days of consecutive active military service overseas needed to be eligible for the annual $1 fishing license for deployed military from 180 to 60 days.

Senate Bill 302, co-sponsored by Senator Robbins, reduces the consecutive days of required overseas service for a $1 National Guard Hunting License from 180 to 60 days.

Senate Bill 572 increases the complement of the State Police from 3940 enlisted members to 4310 members, excluding those troopers assigned to the Turnpike, Delaware Toll River Bridge Authority, Gaming Enforcement and Liquor Enforcement.

The Consumer Protection and Professional Licensure Committee met on Tuesday to approve four bills:

Senate Bill 187 amends the Occupational Therapy Practice Act to allow a licensed certified registered nurse practitioner or licensed physician assistant to make a referral for the implementation of occupational therapy. It also establishes a continuing competency requirement for occupational therapy assistants.

Senate Bill 288 establishes the State Board of Plumbing Contractors within the Department of Labor and Industry to regulate the licensing and regulation of individuals engaged in plumbing services. It also requires an individual to be licensed in order to provide plumbing services, offer himself for employment to provide plumbing services or hold himself out as an individual authorized to perform plumbing services.

Senate Bill 921 addresses three issues: reduces the timeframe for manufacturers' consideration of dealer's request to relocate or dual a franchise and changes a manufacturer's denial standard; prohibits the unreasonable expansion, construction or significant modification of dealer facilities or construction of a separate facility if not justified by market and economic conditions; and, requires the repurchase by manufacturer of additional inventory in the event of a termination.

House Bill 1342 allows retailers across the Commonwealth to sell out their existing inventory of non-fire safe cigarettes until July 1, 2010 as long as such inventory was purchased and stamped before January 1, 2009.

The Senate Environmental Resources and Energy Committee approved three bills Tuesday:

Senate Bill 547 requires landfill permit applicants to certify that the operator has no outstanding violations of the state law governing landfills and mandates an increased penalty of $50,000 for multiple violations.

Senate Bill 886 extends the sunset date for the $2 per ton recycling fee – which funds the state recycling program -- from 2012 to 2020, and transfers $1.25 million annually from the Recycling Fund to the Used Tire Pile Remediation Restricted Account for fiscal year 2009-2010 through 2012-2013. The transferred funds will be used for remediation of waste tire piles throughout the Commonwealth.

Senate Bill 901 amends the Bio-Fuel Development and In-State Production Incentive Act to exempt diesel fuel produced from 100 percent Pennsylvania crude oil by a small refinery from the bio-diesel mandate for a period of one year. This change is consistent with current federal exemptions for small refineries, and provides additional time for a small refinery to address problems associated with the use of bio-diesel in winter months.

Contact:

Michael Hengst
(717) 787-1322