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FOR IMMEDIATE RELEASE
April 27, 2009

Senate Weekly Session Wrap

Important Harrisburg Happenings:

Senate Approves Bill to Award Diplomas to Vietnam Vets

As part of its activities during the session week of April 27, the Senate unanimously approved legislation to allow school districts to award high school diplomas to honorably discharged Vietnam veterans who were unable to graduate from high school because they entered military service, according to Senator Pat Browne (R-16).

Under Senate Bill 674, co-sponsored by Senator Browne, the honorably discharged veteran must have served in the Vietnam War between the dates of November 15, 1961 and March 28, 1973.  Also, they must have attended high school between 1958 and 1973 and have been a member of a graduation class between the years 1962 and 1975.

Act 73 of 2001 established "Operation Recognition," providing school districts the authority to grant high school diplomas to honorably discharged veterans of World War II.  Act 187 of 2002 extended the program to Korean Conflict veterans, but Vietnam veterans have not yet been included in the program.

The Senate also approved a four-bill package co-sponsored by Senator Browne addressing various state environmental protection programs:

Senate Bill 115 requires the state Department of Environmental Protection (DEP) to post and maintain all clean air State Implementation Plans on its website, and to provide the same to the standing Senate and House oversight committees. The State Implementation Plans are the Commonwealth's formal submittals to the Environmental Protection Agency detailing how the Commonwealth will comply with various air quality standards.  This legislation would ensure that the plans are readily available for public and legislative review and comment.

Senate Bill 116 requires the DEP to annually compile a comprehensive report on all of the special funds and restricted accounts that it administers.

Senate Bill 117 requires state agencies which receive funding under the Keystone Recreation, Park and Conservation Fund Act (Key '93) to submit annual reports to the governor and General Assembly – including description of projects and amounts requested -- and post the information online.

Senate Bill 118 requires the DEP to deposit any HSCA-related fine money into the HSCA fund. Any business which causes a hazardous spill or release is obligated under the HSCA statute to pay 100 percent of recovery and cleanup costs, and is also liable for significant fines.

The Senate also approved legislation to establish a special review board to arbitrate coal bed methane well disputes. Specifically, Senate Bill 275, co-sponsored by Senator Browne, calls for the creation of a three-member Coal Bed Methane Review Board to consider objections and attempt to reach an agreement on issues such as the location of coal bed methane wells and/or access roads. Currently, disputes between surface land owners and the holders of mineral rights for those properties are often resolved in county courts of common pleas.

Senate Committee Report:

Bill Banning Texting While Driving Approved by Transportation Committee

The Senate Transportation Committee approved legislation at its Tuesday meeting that would ban text messaging while driving.

Senate Bill 143 prohibits the operation of a moving vehicle on a highway while using a wireless communication device to send, read or write a text message. The legislation expressly states that dialing a wireless phone does not constitute texting thus is not considered a violation of this section. A conviction under this section is a secondary offense and is only applicable when a driver has been cited for another violation of this title. The section does not apply to a person operating an emergency vehicle, or law enforcement and fire company personnel in performance of their official duties.

The fine for a violation of this section is $100. Similar legislation has been enacted prohibiting texting while driving for all classes of drivers in the following 10 states: Alaska, Arkansas, California, Connecticut, Louisiana, Minnesota, New Jersey, Utah, Virginia and Washington, along with Washington D.C. Additionally, eight more states prohibit texting by novice drivers or certain specialized driving classifications.

Other bills Approved by the Transportation Committee Include:

Senate Bill 110, co-sponsored by Senator Browne, provides stricter controls on use of Commonwealth aircraft by requiring that certain information be provided about any passenger flights undertaken using the Commonwealth's aircraft and that this information be maintained upon the Department of Transportation's website. The legislation is intended to reflect the recommendations of the Auditor General's report of September 2007 indicating that greater scrutiny be applied to the use of the Commonwealth's Aircraft.

Senate Bill 152 provides for the use of Neighborhood Electric Vehicles (NEV) upon certain highways within the Commonwealth. The bill defines an NEV as a four-wheeled electric vehicle with a maximum design speed between 20 and 25 mph and which is certified to comply with Federal low-speed vehicle safety standards. The bill authorizes travel in NEV's on roadways with a posted speed limit of no more than 25 mph.

Consumer Protection Committee Approves Pharmacy Tech Bill

The Senate Consumer Protection and Professional Licensure Committee approved three bills at its Tuesday meeting:

Senate Bill 354 requires retail establishments to allow access to "employee only" restrooms for individuals who use an ostomy device or suffer from an inflammatory bowel disease, such as Crohn's disease, ulcerative colitis or any other medical condition that requires immediate access to a toilet facility. The customer must provide the retail establishment with documentation in writing by the customer's physician or by a nonprofit organization that serves individuals who suffer from such disease or condition. A retail establishment that violates the provisions of this act is punishable by a civil penalty of up to $500.

Senate Bill 753, co-sponsored by Senator Browne, amends the Pharmacy Act, to create a registration and qualifications for a pharmacy technician.  This is an individual who may assist in the practice of pharmacy under the immediate supervision of a licensed pharmacist. The bill would require annual registration with the Pharmacy Board. Individual applicants must be at least 17 years of age, complete a board approved training program for pharmacy technicians and a criminal history background check.

House Bill 602 amends the Dental Law, to expand the scope of practice for "expanded function dental assistant" referred to as EFDA. The legislation permits an EFDA to perform certain procedures under the direct supervision of a licensed dentist, including: placing and contouring amalgam and other restorative materials; performing coronal polishing; performing fluoride treatments, including fluoride varnish; and taking impressions of teeth for athletic appliances.

Appropriations Committee Approves Senator Browne's Bill

The Senate Appropriations Committee approved three bills on Monday including a measure intended to improve safety at family child care centers.

Senate Bill 59 requires that family day care homes carry liability insurance and provide parents with information on compliance history and how to file complaints. The legislation also permits the Department of Public Welfare to order an immediate emergency closure of a family day care home upon evidence of gross incompetence, negligence, misconduct, mistreatment and/or abuse.

Senate Bill 446, co-sponsored by Senator Browne, eliminates the requirement that local registrars transmit death certificates to county boards of elections. The legislation requires the Department of Health to report death information electronically to the Department of State to be entered into the "SURE" system or a similar successor system, to be used by the county boards of election to remove deceased individuals from their voter registration rolls.

Senate Bill 531, introduced by Senator Browne, provides for county interagency sharing of juvenile records, including the contents of drug and alcohol, mental health and education records.

County agencies often have information about many of the same individuals or families, but because of confidentiality concerns, are unable to legally and officially transmit information about at-risk persons or families. SB 531 is intended to facilitate the distribution of information between all relevant agencies as a way to prevent both further victimization and/or criminal conduct of individuals in a family.

Contact:

Matt Moyer
(610) 366-2327