Senate Approves "Safe Schools" Legislation

Gaming reform bill advances through committee

Senate approval of "Safe Schools" legislation highlighted the legislative events of the session week of June 22, according to Senator Bob Robbins (R-50).

Senate Bill 55 establishes a lifetime ban on working in schools for those who have been convicted of serious violent offenses, including sexual violence and crimes against children. The legislation also includes a 10-year school employment ban for those convicted of first-degree misdemeanors.

Senate Bill 56 would reform the Safe Schools Law requirement of a Memorandum of Understanding (MOU) between school entities and police. Aside from the strengthening of the MOU which is required by the Safe Schools Act, this bill would assure that crimes occurring on school property are reported accurately to police and the Department of Education and hold administrators accountable for intentional failure to comply with the Law.

Other bills approved by the Senate during the session week of June 22 include:

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.

Senate Bill 569 enacts the Building Permit Extension Act. It automatically extends an approval granted by a government agency relating to development until 2013.

Senate Bill 574 would require a special permit for fishing in waters that flow into the tributaries of Lake Erie or Presque Isle Bay. The permit fee would be $8 or $6 when combined with the purchase of a trout/salmon stamp. Proceeds from the fees, anticipated at $3,000 to $4,000 annually, will be used for protecting or improving fish habitat on Lake Erie, Presque Isle Bay and their tributaries.

Senate Bill 783 amends the Hazardous Sites Cleanup Funding Act to change the date the annual report on the Hazardous Sites Cleanup Fund is due from August 31 to December 31. The bill was amended to also require any fines imposed under the Hazardous Sites Cleanup Act (HSCA) to be deposited into the HSCA Fund.

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. Senator Scarnati told the committee that the wax content of Pennsylvania’s oil makes it more difficult to add ethanol, which means refineries need additional time to meet the mandate.

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.

All of the bills now go to the House of Representatives for their consideration.

The Senate also approved House Bill 718 which extends the sunset provision for the wireless telephone $1 per month 911 service surcharge from June 30, 2009 to June 30, 2014.

Also approved was House Bill 1342, which would allow 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.

HB 718 and 1342 now go to the Governor for his signature and enactment into law.

Committee Roundup

The Senate Community, Economic and Recreational Development Committee approved legislation to make significant reforms to the law governing casinos in Pennsylvania.

Senate Bill 711 would make numerous changes to the law regulating casinos in Pennsylvania. It would reestablish the prohibition on political campaign contributions by individuals and entities subject to the Gaming Act, bar outside employment by members of the Pennsylvania Gaming Control Board (PGCB), and extend the ban on felons receiving gaming licenses.

Major provisions in Senate Bill 711 include:

Campaign Contributions: Reestablishing the prohibition on political campaign contributions by individuals and entities subject to the Gaming Act.
Felony Ban Expansion: Expanding the automatic felony ban provisions of the Act to include a lifetime ban on applicants with a felony conviction who seek a principal or key employee license. For all other license or permit applications, the existing automatic 15-year ban remains in place.
Former PGCB Employee Prohibitions: Prohibiting employees of the PGCB, including attorneys, from being employed by any regulated entity for a period of two years after leaving the PGCB.
Public Disclosure: Requiring the PGCB to post on its web site information related to individuals with a controlling interest or ownership interest in any licensed entity and any license applicant.
PGCB Reimbursement Limitations: Limiting reimbursement for PGCB members and employees to actual and reasonable expenses, and requiring receipts to be submitted for any reimbursement over $10.
Facility Relocation: Enhancing provisions related to the relocation of a licensed slot machine facility, including specific evaluation criteria and a requirement that the board hold at least one public input hearing in the municipality where the licensed facility may be located.
Local Law Enforcement Grants: Expanding the authorized use of local law enforcement grants to include all forms of unlawful gambling. The total amount of grants available in this section is reduced from $5 million to $3 million annually, with the $2 million difference going into the Property Tax Relief Fund.

The Senate Appropriations Committee approved five bills:

Senate Bill 88 would allow a child who lives outside of Pennsylvania as a result of one or both parents being called to active military duty to remain a resident of the school district that was the child’s resident school district immediately prior to the call to military duty outside the Commonwealth, provided that the parent maintain the residence.

Senate Bill 624 requires a school board to include students who attend a private or non-public school in the district in public school activities that are not offered by the private or non-public school.

House Bill 92 caps the fee for the transaction costs associated with the Pennsylvania Automated Licensing Service (PALS) at $1.

The Committee also approved House Bill 718 and Senate Bill 901, which were approved by the Senate later in the week.

Contact:

Michael Hengst
(717) 787-1322