Regular Session

The House and Senate are scheduled to be in session on March 15, 16, 17, 22, 23 and 24.

Senate Bill 237, sponsored by Sen. Jake Corman, amends the Insurance Company Law, establishing a chapter titled Suitability of Annuity Transactions, which provides that in making a recommendation to a consumer for the purchase of an annuity or the exchange of an annuity that results in another insurance transaction or series of insurance transactions, an insurance producer or insurer where no insurance producer is involved, shall have reasonable grounds for believing that the recommendation is suitable for the consumer on the basis of the facts disclosed by the consumer as to the consumer’s investments and other insurance products and as to the consumer’s financial situation and needs. The bill lays out rules and procedures to this end. The bill, as amended, was passed by the House on March 8 by a vote of 192-0. It was received in the Senate on March 9 for a vote on concurrence on the House amendments. The PBA supports this legislation.

House Bill 967, sponsored by Rep. Mark Cohen (D-Philadelphia), amends Title 23 (Domestic Relations) in proceedings prior to petition to adopt, further providing for grounds for involuntary termination by adding that the rights of a parent convicted of any of several offenses (largely relating to sexual and indecent assault) would involuntarily be terminated. Parental rights would also be terminated if the child has been and is currently removed from the care of the parent under a court order or under a voluntary agreement with an agency and a court has previously determined that aggravated circumstances exist and reasonable efforts to reunify the child with the parent are not required. The bill was voted favorably from the House Judiciary Committee on March 10 and given first consideration in the House on the same day. The PBA supports this legislation.

HB 1140, sponsored by Rep. Tim Solobay (D-Washington), amends Title 23 (Domestic Relations), further providing for determination of paternity. HB 1140 was the subject of a House Judiciary Committee public hearing on March 11, at which the PBA testified. The PBA opposes this legislation based on its resolution from 1999 that states, in part, that existing case law already sets the high standard that “clear and convincing evidence,” under limited circumstances, of “no access or the husband’s inability to procreate at the time of conception” can be used to rebut the presumption of paternity and legislation such as HB 1140 will increase litigation ancillary to divorce matters.

HB 2245, sponsored by Rep. Mike Carroll (D-Luzerne), amends the Pennsylvania Human Relations Act, prohibiting discrimination based on marital or familial status by further providing for findings and declaration of policy and for right to freedom from discrimination in housing and public accommodation; defining “marital status”; and further providing for unlawful discriminatory practices. The bill was voted favorably from the House State Government Committee on March 8 and given first consideration in the House on the same day. The bill was referred to the House Appropriations Committee on March 9. The PBA supports this legislation.

SB 53, sponsored by Sen. Stewart Greenleaf (R-Montgomery), amends Title 20 (Decedents, Estates and Fiduciaries) with regard to the Uniform Trust Act, the repeal of the rule against perpetuities, the payment of the federal estate tax, the Uniform Principal and Income Act, the rules governing the death of a party during a divorce proceeding and powers of attorney. The legislation also makes technical and conforming amendments to other sections of the Probate Code and to Title 15 (Corporations and Unincorporated Associations Code). The bill was given second consideration in the Senate on March 8 and is now on the Senate calendar on third consideration. The PBA supports this legislation.

2010-2011 State Budget

Gov. Ed Rendell delivered his annual budget address to a joint session of the General Assembly on Feb. 9 in the chamber of the House of Representatives. His proposed budget includes expanding the sales tax base to include many previously exempted items and services, including legal services.

The recommendation of Gov. Rendell to broaden the sales tax to include professional legal services and to reduce the rate from 6 percent to 4 percent obviously raises serious concerns for the legal profession. The Pennsylvania Bar Association has a clear position opposing any tax on professional legal services. This is a major issue that is closely monitored, and we communicate that position regularly to the Hill. We are assessing the seriousness of this most recent threat with the same vigilance that we have on the prior occasions when this issue has been raised so that we can respond appropriately and effectively. Among other immediate steps, the PBA is gathering intelligence on the situation and has convened a meeting of a coalition of allies in opposition to the sales tax proposal.

Please note that the immediate reaction by various legislative leaders and members suggests that support for this proposal is limited; however, the PBA suggests that you, as members, write to your legislators or to the governor expressing your concern and opposition to the proposal. A sample letter can be found in the Legislative Action Center. Click on the blue Legislative Action Center link at right (PBA members only).

Please note that the Legislative Boxscore is updated each night to reflect the legislative activity of bills during the previous session day. If you are tracking particular bills on which the PBA has a position, the Legislative Boxscore will provide you timely information.

Courtesy of Pennsylvania Legislature Web site at www.legis.state.pa.us

The PBA Legislative Department has made it easy for you to communicate your views on these issues to your legislators. Please visit the Legislative Action Center today to write to your state senators and representatives, and learn more about these important issues facing the legal community in Pennsylvania

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