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LEGISLATION OF INTEREST TO
NAMI PA
2006-2007 Legislative Session
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If you have concerns or views on the bills, please
communicate them to NAMI PA.
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Bill Information: To access a copy
of any of the bills mentioned below, go to:
www.legis.state.pa.us or click on the links below. Then,
click on“Session” and then click “Electronic Bill
Room.” Follow the prompts for accessing the actual bill. At
this site, you can obtain the complete text of the bill, view the
cosponsors, and review the latest legislative activity.
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NAMI Position: If NAMI PA has formed
an opinion on a particular bill, that information will be provided
in the description of the bill in thechart below. If you would like
additional legislative information or information on the bills mentioned
below, please contact James W. Jordan, Jr., Executive Director of
NAMI PA.
October 16, 2006
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PLS Summary: |
(PN
4008) Amends Titles 18 (Crimes and Offenses) and 75 (Vehicles) providing
for the Substance Abuse Education and Demand Reduction Fund. The bill
states that 45% of grant money deposited into the Substance Abuse Education
and Demand Reduction Fund each fiscal year would be made available to
nonprofit organizations to provide research-based approaches to prevention,
intervention, training, treatment, and education services to reduce
substance abuse or to provide resources to assist families in assessing
the services. Also, up to 20% of grant money may be used to: (1) assist
in the start-up of victim impact panel programs, (2) study the impact
outcome and benefits of victim impact panels, and (3) provide assistance
for the ongoing operation of victim impact panels. The commission would
develop guidelines and procedures necessary to implement the grant program.
The legislation makes a technical change to Section 3802 (g)(1) pertaining
to exception to two-hour rule providing where the Commonwealth shows
good cause explaining why the chemical test sample could not be obtained
within two hours. The bill also states that courts can order a person
who violates section 3802 to attend a victim impact panel program. Lastly,
the bill further provides for the standards and operation of victim
impact panels. (Prior Printer Number: 2632, 3167, 3448, 3876) |
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Bill History: |
05-03-06
H Signed in the House
05-03-06 S Signed in the Senate
05-05-06 G In the hands of the Governor
05-15-06 G Last day for Governor's action
05-11-06 G Approved by the Governor (Act: 36) |
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PLS Summary: |
(PN
2108) The Mental Health and Mental Retardation Staff Member and Alcohol
and Drug Addiction Counselor Loan Forgiveness Programs Act states that
qualified applicants would be eligible for payment by the Pennsylvania
Higher Education Assistance Agency (PHEAA) of a portion of the debt
incurred by the applicant through the agency-administered Guaranteed
Stafford or Consolidation Loan Programs for the education necessary
to be a mental health or mental retardation staff member in PA if the
qualified applicant enters into a contract with the agency that requires
the qualified recipient to remain employed as a full-time staff member
in PA for a period of two consecutive years. PHEAA is authorized to
forgive a proportional part of the applicant's loan so that the loan
may be entirely forgiven over four years of full-time staff work. No
more than $5,000 would be forgiven in any year, and no more than $20,000
would be forgiven for any applicant. PHEAA would be required to submit
an annual report to the General Assembly on the program. (Prior Printer
Number: 51) |
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Bill History: |
06-07-05
H Laid out for discussion
06-07-05 H 1 Floor amendment(s) adopted
06-07-05 H Third consideration
06-07-05 H Final Passage (Vote: Y:197/N: 0)
06-13-05 S Received in the Senate and referred to Senate Education |
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PLS Summary: |
(PN
1120) The Mental Health and Mental Retardation Facility Closure or Reduction
Moratorium Act would impose a moratorium on the closure or reduction
of any facility and require the Legislative Budget and Finance Committee
to study the issue of closure of State mental health facilities and
report to the General Assembly. The Legislative Budget and Finance Committee
would study each instance of the issue of the closure or reduction of
a facility. In conducting each study, the Legislative Budget and Finance
Committee would consider and make recommendations with respect to several
issues. This act would apply to closures or reductions made after December
31, 2004, and before January 1, 2006. Nothing in the act would prevent
or obstruct a resident/patient from exercising his or her lawful ability
to enter or leave a facility at any time. (Prior Printers Numbers: 242)
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Bill History: |
03-29-05
H Second consideration
03-29-05 H Rereferred to House Appropriations
05-02-05 H Voted from committee with request to re-refer to Health and,
House Appropriations
Human Services
05-02-05 H Reported with request to re-refer to Health and, House Appropriations
Human Services
05-02-05 H Rereferred to House Health and Human Services |
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PLS Summary: |
(PN
471) Amends the Mental Health Procedures Act providing for persons who
may be subject to involuntary emergency examination and treatment by
adding that individuals may be involuntarily subject to emergency examination
and treatment if the totality of circumstances supports a finding of
danger, that there is a risk of a suicide attempt, that there is a risk
of an attempt of self-mutilation; the person has acted in such a way
as to evidence that he does not have the capacity to make a rational
treatment decision, and serious debilitation would ensue within 30 days
from a diagnosed condition; or a person's history of treatment and diagnosis,
and a person's past behavior may be considered in determining whether
a person's recent behavior constitutes a clear and present danger to
others or to himself. |
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Bill History: |
03-15-05
H Voted favorably from committee on House Health and Human Services
03-15-05 H Reported as committed from House Health and Human Services
03-15-05 H Rereferred to House Judiciary
06-21-05 H Meeting set for 10:00 a.m., Room 205, Ryan Office Building,
House Judiciary
06-21-05 H Passed over in committee House Judiciary |
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HB 499 |
Gannon |
Amends
Insurance Company Law re mental illness |
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PLS Summary: |
(PN
538) Amends the Insurance Company Law further providing for mental illness
coverage. The bill would prohibit insurers from counting medication
management visits toward the number of outpatient visits and in fact
should cover that visit under the same terms and conditions as it covers
outpatient visits for treatment of physical illness. The bill would
also eliminate language that calls for a study of the cost and benefits
of this section every two years for the General Assembly. |
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Specific Remarks: |
Provides
for mental health insurance parity |
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Bill History: |
02-11-05
H Filed
02-14-05 H Introduced and referred to committee on House Insurance |
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PLS Summary: |
(PN
664) Amends the Public School Code by prohibiting school officials or
employees from recommending that a child use psychotropic or sympathomimetic
drugs, although they could recommend appropriate evaluation of a student
by a medical practitioner. |
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Bill History: |
02-15-05
H Filed
02-16-05 H Introduced and referred to committee on House Education
02-08-06 H Meeting set for 9:00 a.m., Room 60, East Wing, House Education
02-08-06 H Amended in committee and held House Education |
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PLS Summary: |
(PN
2568) This is the General Appropriation Act of 2005 providing for expenses
of the Executive, Legislative and Judicial Departments, the public debt,
for the public schools for the fiscal year July 1, 2005, to June 30,
2006. (Prior Printer Number: 848, 1648, 2282) |
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General Remarks: |
Fiscal
Year 2006-07 State Budget |
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Bill History: |
07-07-05
S Signed in the Senate
07-07-05 G In the hands of the Governor
07-17-05 G Last day for Governor's action
07-07-05 G Approved by the Governor (Act: 9001)
10-16-06 H Set on the House Calendar |
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PLS Summary: |
(PN
1872) The Commonwealth Pharmacy Program Procedures and Policies Act
would, through the Office of Administration, establish a series of uniform
procedures for PA pharmacies or preferred pharmacy programs. These procedures
would ensure the appropriate collection of pharmacy rebates and that
standardized auditing procedures would be followed. The Office of Administration
would also establish an online claims adjudication system, a drug utilization
review system to monitor and correct misutilization of drug therapies
and a surveillance utilization review system to monitor, identify and
investigate potential misutilization or deficiencies in the level of
care and ensure that a brand name product would be dispensed and not
substituted with an A-rated generic therapeutically equivalent drug
if it is less expensive to the commonwealth pharmacy program. Any access
restrictions would have to be reported to the Majority and Minority
Leaders in the House and Senate. Such restrictions could be overturned
by a concurrent resolution passed within 25 days of notice. Additionally,
if a preferred drug list (PDL) or formulary is utilized in the future,
certain mental health drugs, immunosuppressants and HIV drugs would
be exempted from the requirements. The Office of Administration is also
charged with evaluating the feasibility of creating a disease management
program and a recycling program for the redistribution of prescription
drugs at health care facilities or State correctional facilities. The
bill also requires the Office of Administration to issue a report on
the program within two years to the to the Majority and Minority Chairmen
of the House and Senate Appropriations Committees and Public Health
and Welfare Committees evaluating the fiscal impact of implementing
the act and making recommendations for enhancing it. (Prior Printers
Numbers: 2108) |
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Specific Remarks: |
Prevents
DPW from implementing additional access restrictions for pharmaceuticals
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General Remarks: |
Introduced
to prevent DPW from implementing a PDL until 1/1/07. Bill was not passed
and DPW implemented a PDL. |
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Bill History: |
05-03-05
H Laid on the table
05-11-05 H Set on the Tabled Calendar for
05-11-05 H Removed from the table
05-11-05 H Second consideration
05-11-05 H Rereferred to House Appropriations |
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PLS Summary: |
(PN
2560) Amends the Public Welfare Code providing for use of medical expenses
to establish medical assistance eligibility, for lifetime limit on unpaid
medical expenses, for penalty period for asset transfer, for treatment
of life estates and annuities, for community spouse income, for eligibility
for home and community-based services, for verification of eligibility
and for eligibility redetermination of persons for medical assistance;
further providing for medical assistance payments for institutional
care, for other medical assistance payments, for reimbursement for certain
items and services and for relatives' responsibility; providing for
medical assistance benefit packages, for coverage, copayments, premiums
and rates, for definitions of limited applicability, for rebates, for
pharmacy management systems, for enrollment limitation and for established
drug regimens; further providing for other computations affecting counties,
for special provider participation requirements and for third-party
liability; and providing for data matching, for special needs trusts,
for a health insurance premium payment program and for parity in insurance
coverage for State-owned psychiatric hospitals. (Prior Printers Numbers:
1374, 1873, 2432) |
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Bill History: |
07-06-05
H Signed in the House
07-06-05 S Signed in the Senate
07-07-05 G In the hands of the Governor
07-17-05 G Last day for Governor's action
07-07-05 G Approved by the Governor (Act: 42) |
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PLS Summary: |
(PN
1446) Amends Title 42 (Judiciary) by allowing the court of common pleas
of any county or judicial district to apply for a grant to establish
a mental health court division. The mental health court division would
have the following objectives: 1) increased cooperation between the
criminal justice and mental health systems; 2) faster case processing
time; 3) improved access to necessary services and support; 4) increased
services for offenders with mental illness; 5) reduced recidivism; 6)
continued judicial supervision, including periodic review of preliminarily
qualified offenders with mental illness who are charged with misdemeanors
or nonviolent offenses; and 7) coordinated delivery of services, including
specialized training of law enforcement and judicial personnel, voluntary
outpatient or inpatient treatment, centralized case management, and
continuing supervision of treatment plan compliance. |
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Bill History: |
03-30-05
H Filed
03-30-05 H Introduced and referred to committee on House Judiciary |
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PLS Summary: |
(PN
1555) Amends Title 42 (Judiciary) providing for a judicial district
to apply for a grant to establish a mental health court division. The
mental health court division will provide a single point of contact
where a defendant with a mental illness may receive court-ordered treatment
and support services in connection with a diversion from prosecution,
a sentencing alternative or a term of probation or parole. The Administrative
Office, consulting with the Department of Public Welfare Office of Mental
Health and Substance Abuse Services, the Department of Corrections,
and the PA Board of Probation and Parole, will establish standards,
funding schedules, and procedures for awarding grants to establish the
mental health court division. The bill provides guidelines for establishing
these grants. |
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Bill History: |
04-06-05
H Filed
04-11-05 H Introduced and referred to committee on House Judiciary |
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PLS Summary: |
(PN
2106) The Cognitive Impairment Support Services Certification Act would
create a certification program in facilities that offer cognitive support
services to persons with cognitive impairments and for individuals that
work in facilities that deliver services to individuals who are cognitively
impaired. The Departments of Aging and Public Welfare would be responsible
for establishing criteria for the certificates. The bill provides for
certain rights and disclosure requirements for patient transfers between
non-certified and certified facilities. The bill would also require,
within one year of the effective date of this section, the Department
to issue a report to the General Assembly on programs within PA and
throughout the U.S. that seek to maximize the effectiveness of charitable
pharmaceutical programs and to provide recommendations for new laws
and initiatives to enhance the ability of Pennsylvanians to take advantage
of such programs. Lastly, nothing in this act would be construed to
invalidate or supersede department regulations insofar as they are not
inconsistent with the act. (Prior Printer Number: 1658) |
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Bill History: |
09-26-05
H Laid on the table
11-21-05 H Set on the Tabled Calendar for
11-17-05 H Removed from the table
11-17-05 H Laid on the table
10-16-06 H Set on the Tabled Calendar for |
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PLS Summary: |
(PN
1660) The Mental Health Facility Closure Act would regulate the closure
of state-operated mental health facilities. The legislation would prohibit
the Department of Public Welfare from closing a facility unless enabling
legislation is enacted and a pubic hearing is held or a court order
is obtained. The bill provides for the waiving of sovereign immunity
if the Department closes a facility in violation of the Act. It also
establishes procedures for the Department to seek closure of a facility.
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Bill History: |
04-13-05
H Filed
04-14-05 H Introduced and referred to committee on House Health and
Human Services |
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PLS Summary: |
(PN
1717) Amends the Public School Code by requiring school boards to adopt
and implement a policy prohibiting school personnel from recommending
the use of psychotropic drugs for school children. The legislation states
that a county office of children and youth, or other similar office,
cannot take a child into custody and that a court cannot order a child
taken into custody because a parent, guardian or other individual responsible
for a child refuses to administer or consent to the child receiving
psychotropic drugs unless that refusal causes the child to be neglected
or abused. |
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Bill History: |
04-19-05
H Filed
04-26-05 H Introduced and referred to committee on House Education |
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PLS Summary: |
(PN
4367) The Office for People with Disabilities Act creates the Office
for People with Disabilities within the Office of the Governor. The
legislation outlines the powers and duties of the office, including
to ensure that all disabled citizens of PA have access to quality services
and programs, establish interagency agreements, and advocate for consumer
control. (Prior Printer Number: 1797) |
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Bill History: |
09-26-06
S Voted favorably from committee on Senate State Government
09-26-06 S Reported as committed from Senate State Government
09-26-06 S First consideration
10-04-06 S Set on the Senate Calendar
10-04-06 S Rereferred to Senate Appropriations |
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PLS Summary: |
(PN
1831) The Prenatal and Postpartum Counseling Act states that a hospital,
birthing center, physician, nurse-midwife or midwife who provides prenatal
care to a pregnant woman during gestation or at delivery of an infant
has the duty to provide the woman with a fact sheet that includes common
symptoms of prenatal depression, postpartum depression, postpartum psychosis
and emotional traumas associated with pregnancy and parenting and with
a resource list of professional organizations that provide prenatal
counseling, postpartum counseling and assistance to parents. |
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Bill History: |
05-10-05
H Set on the House Calendar
05-10-05 H Laid out for discussion
05-10-05 H Third consideration
05-10-05 H Final Passage (Vote: Y:197/N: 0)
05-24-05 S Received in the Senate and referred to Senate Public Health
and Welfare |
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PLS Summary: |
(PN
1833) Amends the Public Welfare Code by adding that a health care provider
would not be eligible for assessment abatement under the Health Care
Provider Retention Program if the health care provider is not enrolled
as a medical assistance provider. |
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Bill History: |
05-02-05
H Filed
05-03-05 H Introduced and referred to committee on House Health and
Human Services |
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HB 1500 |
Veon |
Amends
Public Welfare Code re medical expenses |
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PLS Summary: |
(PN
1813) Amends Public Welfare Code by providing for use of medical expenses
to establish medical assistance eligibility, for lifetime limit on unpaid
medical expenses, for penalty period for asset transfer, for community
spouse income and for treatment of life estates and annuities; further
providing for medical assistance payments for institutional care, for
other medical assistance payments, for reimbursement for certain items
and services and for relatives' responsibility; providing for medical
assistance benefit packages, for coverage, copayments and premiums,
for payment for prescription and over-the-counter medications and for
eligibility limitations; further providing for restrictions on provider
charges and payments and for third-party liability; and providing for
data matching, for special needs trusts, for a health insurance premium
payment program and for parity in insurance coverage for State-owned
psychiatric hospitals. |
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Specific Remarks: |
Portions
of this bill were amended into H.B. 1168 and signed into law. |
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General Remarks: |
Some
of the changes proposed in H.B. 1500 were amended into H.B. 1168 and
signed into law. |
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Bill History: |
04-29-05
H Filed
05-02-05 H Introduced and referred to committee on House Health and
Human Services |
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HB 1649 |
True |
Act
re Drug & Alcohol Treatment & Prevention |
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PLS Summary: |
(PN
2077) The Drug and Alcohol Treatment and Prevention Fund Act establishes
the Alcohol Treatment and Prevention Fund into which the revenues derived
from the first 13.407 percentage points of the liquor tax rate would
be deposited. Monies in the fund would be allocated as follows: (1)
11.754% to the Department of Public Welfare to provide for a continuum
of alcohol and drug detoxification and rehabilitation services to persons
eligible for medical assistance; (2) 28.443% to the Department of Public
Welfare for behavioral health services for individuals affected by eligibility
changes for the general assistance medically needy only program; (3)
24.994% to the Department of Health to distribute to single county authorities
for the provision of drug and alcohol services to include prevention,
treatment, intervention and case management; (4) 10.234% to the Governor
for the Pennsylvania Commission on Crime and Delinquency to provide
drug and alcohol treatment-based restrictive intermediate punishment
programs; and (5) 24.575% to the Department of Corrections to provide
comprehensive drug and alcohol treatment to the inmate population including
assessment, education, intensive treatment and aftercare. |
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Bill History: |
06-19-06
H Set on the House Calendar
06-19-06 H Laid out for discussion
06-19-06 H Third consideration
06-19-06 H Final Passage (Vote: Y:197/N: 0)
06-23-06 S Received in the Senate and referred to Senate Public Health
and Welfare |
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PLS Summary: |
(PN
2128) Amends the PA Drug and Alcohol Abuse Control Act by allowing the
family member of a drug dependent person to petition the court of common
pleas for the commitment of that person to involuntary drug and alcohol
treatment services, including inpatient services, if the person is incapable
of accepting or unwilling to accept voluntary treatment. The bill requires
the petition to set forth sufficient facts and good reasons for the
commitment and provides for assessments and for criteria to be met before
the judge can order treatment for up to 90 days at a time. It also sets
forth criteria to be followed for hearings on petitions for court- ordered
involuntary services. The bill also states that a decision must be made
within 48 hours of the close of evidence or the petition must be denied.
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Bill History: |
06-07-05
H Filed
06-08-05 H Introduced and referred to committee on House Health and
Human Services |
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PLS Summary: |
(PN
2268) Amends The Administrative Code establishing the Department of
Drug and Alcohol Programs, which would include a Bureau of Prevention
and Intervention, Bureau of Treatment and Bureau of Administration.
The Department would develop and adopt a State plan for the control,
prevention, intervention, treatment, rehabilitation, research, education,
and training aspects of drug and alcohol abuse and dependence problems.
The Pennsylvania Advisory Council on Drug and Alcohol Abuse would be
the advisory council to the Department of Drug and Alcohol Programs.
The Pennsylvania Drug and Alcohol Abuse Control Act would be repealed.
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Bill History: |
10-03-06
H Laid on the table
10-05-06 H Set on the Tabled Calendar for
10-05-06 H Removed from the table
10-05-06 H Second consideration
10-05-06 H Rereferred to House Appropriations |
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PLS Summary: |
(PN
4619) Act providing for the allocation of funds to county mental health
and mental retardation programs stating that the Secretary of the Budget
would include in the budget submission to the General Assembly the amounts
required for certain funding. The bill provides for a calculation of
index adjustment. Also, the bill states that funds included in the governor's
budget submission for the community mental health, 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. (Prior
Printer Number: 2386, 3214, 3725) |
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Bill History: |
09-25-06
S Voted favorably from committee as amended Senate Appropriations
09-25-06 S Reported as amended Senate Appropriations
10-03-06 S Set on the Senate Calendar
10-03-06 S Second consideration
10-16-06 S Set on the Senate Calendar |
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PLS Summary: |
(PN
4516) Amends The Fiscal Code further providing for the Local Government
Capital Project Loan Fund by stating that the amount of a loan made
to a municipality for purchasing equipment would not exceed $50,000
(current law is $25,000) for any single piece of equipment. The bill
states that the amount of a loan to a municipality made for purchasing,
constructing, renovating or rehabilitating facilities would not exceed
$100,000 (current law is $50,000) for any single facility. The bill
also provides for budget implementation, for restrictions on appropriations
for funds and accounts and for family planning funding limitations.
(Prior Printer Number: 2733, 4506) |
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Specific Remarks: |
Contains
language preventing DPW from carving the pharmacy benefit out of Medicaid
managed care. |
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General Remarks: |
Contains
language to prevent DPW from carving the pharmacy benefit out of Medicaid
managed care. |
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Bill History: |
07-05-06
S Signed in the Senate
07-05-06 H Signed in the House
07-05-06 G In the hands of the Governor
07-15-06 G Last day for Governor's action
07-05-06 G Approved by the Governor (Act: 66) |
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PLS Summary: |
(PN
4504) The Taxpayer Fairness Act provides for a nonbinding statewide
referendum on local school property tax elimination. The bill requires
the Secretary of the Commonwealth to place on the ballot a nonbinding
referendum to determine the will of the electorate with respect to the
elimination of local school property tax through the use of sales and
use tax revenue. (Prior Printer Number: 2872, 2886, 3037, 3117, 3152)
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General Remarks: |
Taxpayer
Bill of Rights (TABOR) places caps on state spending that are tied to
the rate of inflation. Very controversial; advocacy coalitions have
held rallys opposing the bill. |
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Bill History: |
11-21-05
S Final Passage (Vote: Y: 31/N: 18)
11-22-05 H Received as amended in House and rereferred House Rules
11-14-05 H Discussed in HDPC public hearing on spending caps, House
Democratic Policy Committee
07-01-06 H Re-reported on concurrence as amended House Rules
07-01-06 H Rereferred to House Rules |
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PLS Summary: |
(PN
3373) Amends Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial
Procedure) by deleting current grading for failure to comply with registration
of sexual offenders requirements and adding that an individual subject
to registration under 42 Pa.C.S. Sec. 9795.1(a) or (b)(1), (2) or (3)
who commits a violation or a similar offense commits a felony of the
third degree. The bill also adds that the street address of registered
offenders would be made available on the Internet. |
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