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July 6, 2009
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Senate Approves Bill Targeting Child Pornography

Gaming reform, "lame duck” legislation clear committees

Legislation targeting those who view child pornography cleared the Senate during the session week of June 29, according to Senator Bob Robbins (R-50).

House Bill 89 would make viewing child pornography a criminal offense under Pennsylvania law. The Pennsylvania Superior Court previously ruled that existing state laws prohibiting child pornography apply only to individuals who possess the illegal images. In at least one case, the conviction of an individual who admitted to intentionally viewing sexually explicit images of children on the Internet was overturned. HB 89 would close the loophole in the law to better protect children from child sexual predators. 

"This bill send sends a clear message of zero tolerance for any behavior that exploits children,” Senator Robbins said. "This loophole in state law must be closed as soon as possible."

HB 89 was returned to the House for concurrence on Senate amendments.

The Senate concurred on House amendments to Senate Bill 195 and sent the measure on to the Governor for his signature. The bill amends Pennsylvania’s Industrialized Housing Act to regulate the construction of industrialized and commercial modular buildings. The legislation authorizes the Department of Community and Economic Development (DCED) to enter a multistate agreement for the purpose of regulating the construction of components of industrialized and commercial modular buildings. Currently, DCED regulates and provides standards for manufactured housing.  SB 195 establishes a similar program for modular buildings used for industrial and commercial purposes. 

Other bills approved by the Senate during the session week of June 29 include:

House Bill 48 expands entities that may receive a special occasion liquor permit or a public venue license. The bill returns to the House for concurrence on Senate amendments.

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.

House Bill 270 permits former judges and mayors to solemnize marriages.

Senate Bill 563, co-sponsored by Senator Robbins, amends the Mechanics’ Lien Law to clarify the residential exclusion adopted in 2006.

Senate Bill 936 amends Pennsylvania’s mortgage reform laws to bring them in line with federal statutes.

Committee Roundup

The Senate State Government Committee approved Senate Bill 106, a measure co-sponsored by Senator Robbins, calling for a Constitutional Amendment to eliminate "lame duck” voting sessions -- voting that occurs after a general election and before the start of a new legislative session.

The Committee also approved Senate Bill 107 which creates the Governmental Salary Information Act. The bill, co-sponsored by Senator Robbins, requires the State Treasurer to post all salary information for officers and employees of the Commonwealth. Local agencies are also required to post salary information for their officers and employees.

The Senate Appropriations Committee approved a comprehensive gaming reform bill intended to increase accountability and transparency on the part of Pennsylvania’s licensed slot machine facilities.

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.

Other bills approved by the Appropriations Committee during the session week of June 29 include:

House Bill 262 would require the Bureau of State Forestry in the state Department of Conservation and Natural Resources to set regulatory standards regarding minimum qualifications for burn managers, the content of burn plans, a certification and revocation process for burn managers, requirements for the review and approval of burn plans, and a training program for prescribed burn managers.

Senate Bill 628, co-sponsored by Senator Robbins, would prohibit the imposition of the death penalty on a person with mental retardation. It also establishes a procedure for determining that a defendant is a person with mental retardation.

Senate Bill 949 would prevent further cases of corruption in county juvenile courts and restore public confidence by establishing a Commission on Juvenile Justice. The legislation was drafted in response to a case of corruption in Luzerne County, which resulted in hundreds of juveniles being improperly sentenced and inappropriately placed in detention.

The Senate Education Committee approved Senate Bill 899, legislation changing Pennsylvania’s Educational Improvement Tax Credit Program (EITC) by expanding income limits and allowances to benefit more families—without placing an additional financial burden on the Commonwealth.

The EITC has provided scholarships to children throughout Pennsylvania to attend the schools of their choice since 2001.  The program allows companies in the state to receive tax credits for contributions made to the scholarship program and provides parents the economic means to choose the learning environment they believe best meets the needs of their children, regardless of family income.  

Under SB 899, the base amount of allowable household income for eligible families would increase from $50,000 to $60,000.  The legislation would also increase the capita income allowance for household dependents from $10,000 to $12,000.  A cost of living adjustment would be applied annually to the income guidelines as well. 

The Committee also approved Senate Bill 881 which would establish a new commission to consider tuition control proposals and other measures to improve college affordability. The Tuition Control Study Commission would be responsible for examining the costs of a college education for students in all sectors of higher education and determine ways by which Pennsylvania may authorize controls on annual tuition increases.  Following the commission’s study, the group would be required to report its findings to the General Assembly. 

Contact:

Michael Hengst
(717) 787-1322

 

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