Prime Sponsor Bills
Bills sponsored by Senator
Jake Corman during the current legislative session.
Senate Bill 50
Amends the state constitution to
allow for caps on non-economic damages in all civil
litigation in Pennsylvania.
Senate Bill 383
Prohibits Pennsylvania from passing
unfunded mandates onto school districts.
Senate Bill 384
This legislation requires
individuals who have been stopped by law enforcement
authorities based upon reasonable suspicion and in
connection with an on going criminal investigation to
provide their identification upon request.
The United States Supreme Court
ruled in Hiibel v. Sixth Judicial District Court of
Nevada, that states can require that an individual
provide their identification to law enforcement and
provide for a criminal penalty without violating an
individual's constitutional rights.
This legislation is being
introduced on behalf of the Pennsylvania Chiefs of
Police Association. When conducting an investigation
and urgency is of the utmost importance, law enforcement
authorities need the ability to elicit an individual's
name to determine who the person is and whether or not
the individual is the alleged suspect.
Senate Bill 385
This legislation will require voice
over the internet (VoIP) telephone service providers to
collect a $1 fee for each customer service line. This
fee will be distributed to counties to assist with
implementing their 911 plans.
The Federal Communications
Commission, on May 19, 2005, adopted rules requiring
"interconnected VoIP providers" - those that move calls
on and off the Public Switched Telephone Network - to
deliver all 911 calls to a customer's local emergency
operator, give emergency operators the call back number
and location information of their customers where the
emergency operator is capable of receiving it, and
inform customers of their E911 capabilities and
limitations of their service.
Currently, many VoIP providers
charge fees for 911 services but in turn do not remit
the funds to the states. Pennsylvania is an example of
one of many states that does not require that the fees
that VoIP companies currently collect be turned over to
the Commonwealth or counties.
Senate Bill 385 would require that
the fee be collected and turned over to PEMA, who will
in turn send the fees collected back to the counties
where the customers are located.
Senate Bill 386
Amends the Sunshine Act to require
agencies, including the General Assembly, State
agencies, school districts and local governments, to
post meeting notices and minutes on their websites.
With the advances of technology,
many agencies now maintain their own websites. These
websites are used as an information source for general
public and other interested parties.
Senate Bill 387
Amends the Vital Statistics Law to
allow a parent to request a "Certificate of Stillbirth"
from the Department of Health. This certificate would
be in addition to current law which provides for a
certificate of fetal death. This legislation would not
change any reporting or recording requirements of the
Department of Health under the Vital Statistics Law.
I met with a mother who had a child
that was stillborn. In speaking with her I came to the
conclusion that this legislation would allow a parent an
additional opportunity to bring closure to their grief
of losing their child and a meaningful way of
remembering their loss. The parent could, but would not
be required to, provide the department the name of the
child, the names of the parents, the date, and county,
all of which would be included on the "Certificate of
Stillbirth.".
Senate Bill 388
The Workplace Electronic Message
Monitoring Act. This bill would require employers to
provide employees with a clear notice if workplace
e-mail messages are monitored.
Contrary to the fact that the
routine monitoring of e-mail by employers has become
more prevalent with the widespread use of e-mail at the
workplace, a common expectation of privacy to those
messages exists. Unfortunately, such reasonable
expectations of privacy are not currently recognized in
Pennsylvania. This legislation would clearly provide
that employees would have a reasonable expectation to
the privacy of their e-mail messages unless their
employers provide notice that the content of their email
message may be subject to monitoring. It is important
that Pennsylvania law provide an equitable balance
between the legitimate interest of business to prevent
the misuse or abuse of their e-mail systems, and the
privacy expectations of their employees.
This bill is part of the Corman
Privacy Package.
Senate Bill 389
Creates criminal penalties for
those who would steal personal or confidential
information.
This bill is part of the Corman
Privacy Package.
Senate Bill 390
This bill creates the crime of
"Phishing" which is the deceptive use of email or a
website of a legitimate business to solicit personal
information from a person. An example would be the
sending out of an email claiming to be from the person's
bank and requesting the person to either email personal
information back or directing the person to a website
that mirrors a legitimate business's website where the
person will input their information.
Senate Bill 417
Phases out Pennsylvania's
Inheritance Tax.
Senate Bill 418
Under section 303 (a) of the Tax
Reform Code of 1971, the Personal Income Tax is levied
against eight classes of income. A loss in one class of
income may not be offset against income in another class
and gains or losses may not be carried forward or
backward from year to year. This is more restrictive
that federal tax calculations allow.
This situation was brought to my
attention by one of my constituents. This individual
found that losses from business partnerships cannot be
offset against investment income such as interest or
dividends. If money is lent to a legitimate business
partner, the interest income on the loan is reported on
an individual tax return. However, if the partner loses
money, this loss cannot be offset.
Senate Bill 419
This legislation would increase the
net operating loss (NOL) deductions for start-up
companies subject to the corporate net income tax (CNI).
This will be especially helpful for new technology and
biotechnology companies.
Last session Act 116 of 2006
increased NOL deductions to $3 million or 12.5% of
taxable income, whichever is greater. My legislation
would allow that deduction limit to be increased by the
amount of "start-up period losses." That term is
defined as losses incurred during the corporation's
first ten years of existence. Many companies incur
losses during their early years of existence. My
proposal would allow those companies to utilize those
losses without being subject to the annual cap. This
will not only be beneficial for new start-up companies
in the technology and biotechnology areas, but will also
encourage and attract new business to Pennsylvania.
Senate Bill 420
This legislation addresses the
court decision in Graham Packaging Company, L.P v.
Commonwealth.
The court ruled that all prewritten
computer software transmitted electronically is subject
to the sales and use tax. This court decision will cost
Pennsylvanians and Pennsylvania's businesses millions of
dollars.
I believe we need to act to restore
this exemption from the sales and use tax and prevent
the expansion of the sales and use tax onto other
digital products that are electronically transmitted.
Senate Bill 420 excludes computer
software and digital products that are delivered
electronically and the renewal of licenses to use
computer software.
Senate Bill 421
Reacting to recent fatal accidents
involving young drivers and young passengers, this
legislation restricts the number of minor, unrelated
passengers allowed in a vehicle being driven by someone
under the age of 18 to one. This prohibition would
apply whether or not the driver has a junior or regular
driver's license.
It has been over 8 years since I
co-authored the Teen Driver Bill when we looked at
issues surrounding teen drivers and I believe it is the
appropriate time for the legislature to look at this
specific issue and consider any other proposals that
could curb the numbers of fatalities on our highways
involving young and inexperienced drivers.
Senate Bill 422
Mandates that the Legislative Data
Processing Committee place statutes and laws online for
public viewing.
Senate Bill 435
This legislation reinstates the
reform of the doctrine of joint and several liability.
When passed in 2002, the reform was avidly supported by
the PA Chamber of Business & Industry, the Hospital
Association, NFIB, PMA and the Pennsylvania Business
Roundtable, among other organizations.
In June 2002, the Senate voted 40-9
in favor of SB1089 and the General Assembly passed a
reform of the joint and several liability doctrine that
Governor Schweiker signed into law as Act 57 of 2002.
Under the reform, a defendant found
less than 60% liable would only be responsible for
paying a percentage of damages equal to the percentage
of his, her, or its causal liability. (A defendant
found causally liable for 10% of a $1,000,000 award
would be responsible for paying only $100,000. Under
the original doctrine of joint liability, a plaintiff
could collect the entire $1,000,000 from that 10% liable
defendant.)
The process by which the reform was
enacted, not the substance of the reform, was
subsequently challenged in the DeWeese v. Weaver case in
front of the Commonwealth Court. The Court issued a
ruling questioning the procedural enactment of the 2002
reform leading at least one lower court to invalidate
the applicability of the 2002 reform.
Last session this legislation was
passed by the General Assembly and vetoed by Governor
Rendell, breaking his campaign promise to sign it into
law if he were Governor.
Senate Bill 548
This legislation will
require the Department of Public Welfare to implement a
Long Term Care (LTC) Partnership Program in accordance
with federal requirements by June 30, 2007. Partnership
programs provide incentives for individuals to purchase
long term care insurance, thereby delaying or
eliminating the need for Medicaid funded LTC services.
Medicaid is now the
primary payer of long-term care (LTC) services in the
Commonwealth, with an anticipated budget for this year
of $4 Billion, and future growth bound to be exacerbated
by aging baby boomers. Approximately two-thirds of
nursing home residents have their nursing home care
costs paid, in part, by Medicaid.
With the enactment of the
Federal Deficit Reduction Act, states can now offer
individuals the option of a LTC partnership where they
can protect their assets when they purchase long-term
care insurance. Partnerships create an alternative to
"spending down" assets to become eligible for Medicaid.
With a partnership program, an individual is permitted
to retain assets equal to the amount of benefits
purchased under an approved LTC insurance policy, and
Medicaid becomes the payer only after the long-term care
insurance benefits are exhausted. This is an approach
that encourages individuals to take personal
responsibility for their future LTC needs, while also
preserving funds for their families.
Senate Bill 549
This Religious Child-Care
Facilities Act allows religious day care facilities to
operate outside of some of the most onerous state
provisions.
Senate Bill 740
An Act authorizing the Department
of General Services, with the approval of the Governor,
to grant and convey to Centre County, certain lands
situate in Benner Township, Centre County; and
authorizing the Department of General Services, with the
approval of the Governor, to grant and convey, at a
price determined through competitive bidding, certain
lands situate in Benner Township, Centre County.
Senate Bill 741
Recently I met with representatives
from the Pennsylvania Forestry Association regarding the
use of wood as part of Pennsylvania’s energy strategy.
Wood is a renewable energy resource with very little
negative environmental impact. Wood smoke has very
little sulfur and only has 1/3 the carbon equivalent of
the greenhouse gases that fuel oil and coal emissions
produce. Additionally, the cost of using wood as a
heating source is lower than fuel oil. Lastly wood is
carbon neutral – when you burn a 20 year old tree and
plant a new tree the carbon is recaptured in 20 years.
At the current time, this proposed exemption would only
apply to wood burning stoves that are limited to using
wood as a fuel source. This legislation is supported by
the Pennsylvania Forestry Association. |