Senate Bill 1028 (Wozniak) would amend the Second Class Township Code to clarify the factors a court should take into consideration when deciding whether a road is public or private.  Under the existing provisions of the Code, every road used for public travel and maintained by a township for at least 21 years is considered a public road even though there is no public record of the laying out or dedication for public use of the road.  Information not to be considered in a proceeding under these provisions includes evidence comparing the road in question with other public roads, the number of people using the road, and that the road has been vacated prior to the 21-year period.  Information which would be considered includes maps and surveys generated by a governmental unit or created pursuant to any judicial proceeding, evidence concerning the distribution to the township of liquid fuels tax monies, approved subdivision plans or other documents containing a designation of the road as either a township road or otherwise, and evidence that the road is an extension from a public road or cul de sac, is a throughway between other municipal or state roads, or provides the only access to a municipal boundary line.  Further, the bill would clarify that in a proceeding about a road, the proponent of the public status of the road would present evidence first, and then the burden would shift to the opponent to present evidence to refute the public status of the road.  Passed:  48-0. 

Tuesday, June 3, 2008 

Senate Bill 1297 (Browne) would amend the Fiscal Code to extend the sunset date for the State Treasurer’s prudent person investment authority from December 31, 2008 to December 31, 2010.  The bill would also add a section to require the Auditor General to perform an annual audit of the bonds, stocks, mortgages, or other securities, that are deposited with the State Treasurer.  The Auditor General could employ outside consultants or other experts as deemed advisable for this purpose.  An additional change would clarify the provisions governing appeals to the Commonwealth Court of a decision, or failure to act, by the Treasurer.  Passed:  50-0.

Senate Bill 1373 (Erickson) would create the Mental Health and Mental Retardation Maintenance of Community Services Act.  The measure would require the Secretary of the Budget to include in the budget submission to the General Assembly for the community-based mental health and mental retardation services and early intervention services programs in the Department of Public Welfare the amounts necessary to fund:  the aggregate amount allocated to the programs in the prior fiscal year, the amount necessary to provide full-year funding of all initiatives included as part of the programs in the prior fiscal year, and the amount necessary to fund an index adjustment as outlined in the bill to include a cost-of-living adjustment for administrative costs of the programs.  The index adjustment would be equal to the product of the Home Health Market Basket Index published in the Federal Register for the prior federal fiscal year and the sum of the aggregate amount allocated to counties in the prior fiscal year plus the amount necessary to provide full-year funding of all initiatives in the prior year’s allocation to the counties.  The index adjustment could not exceed the overall percentage increase in General Fund expenditures for the same fiscal year unless authorized by the General Assembly.  Funds included in the Governor’s budget submission for the Community Mental Health Services, Community Mental Retardation Services, and Early Intervention Services Programs would be identified as increases in the rates or amounts of funding for existing community-based mental health and mental retardation services.  Funding allocations to each county’s mental health and mental retardation programs would have to be equal to the index adjustment calculated under the bill.  Passed:  43-7. 

Senate Resolution 31 (Wonderling) recognizes the Philadelphia Health Management Corporation as a Pennsylvania Public Health Institute.  Adopted by Voice Vote. 

Senate Resolution 339 (Dinniman) recognizes June 3, 2008 as “Civil Air Patrol Day” in Pennsylvania.  Adopted by Voice Vote. 

Executive Session 

Nominations to Various Boards and Commissions.  (See Attached)  Confirmed:  50-0. 

Wednesday, June 4, 2008 

            Note:  The Conference Committee Report on Senate Bill 246 was rejected by the Senate by a vote of 19-31.  This vote was reconsidered by the Senate and it was moved that the bill go over in its order.  The motion was approved and the bill went over in its order for further consideration in the future.  The following provides a description of the Conference Committee Report on Senate Bill 246. 

Senate Bill 246 would create the Clean Indoor Air Act to prohibit smoking, with certain exceptions, in public places.  Nothing in the act would preclude the owner of a public or private property from prohibiting smoking on the property.  The exceptions to the prohibition would include:   

• a private home, residence, or vehicle except when used at the time for the provision of child-care services, adult day-care services, or services related to the care of children and youth in state or county custody;
• up to 25 percent of designated sleeping rooms within a lodging establishment;
• designated quarters within a full-service truck stop;
• tobacco shops;
• workplaces of a manufacturer, importer or wholesaler of tobacco products, or a tobacco leaf dealer or processor, and all tobacco storage facilities;
• long term care facilities regulated under 42 CFR 483.15 or similar regulation;
• separate enclosed rooms or designated smoking rooms in residential adult care facilities, community mental health care facilities, drug and alcohol facilities; and facilities that provide day treatment programs;
• cigar bars;
• 25 percent of a gaming floor of a licensed gaming facility, which could be expanded up to 50 percent based on gross terminal revenue per slot machine unit;
• private clubs, except where the club is open to the public through general advertisement for a club-sponsored event or leased or used for a private event which is not club-sponsored;
• licensed drinking establishments with annual food sales of 20 percent or less which do not permit individuals under 18 years of age;
• certain charitable fundraising events;
• under certain conditions, exhibit halls, conference rooms, or similar facilities used for a tobacco-related event; and,
• designated outdoor smoking areas within the confines of a sports or recreational facility, theater or performance establishment. 

Drinking establishments, cigar bars and tobacco shops would be required to submit a letter, accompanied by verifiable supporting documentation, to the Department of Health claiming an exception.  These entities would be required to make available all books, accounts, etc., to the Department of Health or other agency as necessary to enforce the act.  Private clubs would be required to take and record a vote of their officers under their bylaws to address smoking in the private club’s facilities.   

The act would supersede any local ordinance or rule or regulation, and no political subdivisions would have any authority to adopt or enforce any rule or ordinance more restrictive than the standards set forth in the act.  This provision would not apply to Philadelphia, but Philadelphia could not change or amend its existing ordinance to conflict with any provision of the act. 

The owner, operator, manager or other person having control of an area would be required to prominently post and properly maintain “smoking” or “no smoking” signs or the international “no smoking” symbol in the area where smoking is regulated.  In addition, the bill would prohibit any person or employer from discharging, refusing to hire or retaliating against an employee or applicant for employment for exercising any right to a smoke-free environment under the act.