Bill to Restrict Political "Robo-Calls" Approved

Senate acts to protect child custody rights of military personnel

During the Session week of April 28, the state Senate approved legislation to give Pennsylvanians the ability to eliminate political "robo-calls" and a bill to protect the child custody rights of military personnel while on active duty, according to Senator Bob Robbins (R-50).

Senate Bill 820, approved 48-1 by the Senate on Wednesday, would establish a separate Do-Not-Call List for automated political calls. As with the existing Do-Not Call List, the Attorney General would be responsible for maintaining the Do-Not-Call List for political "robo-calls."

"It seems like these calls are increasing each election cycle," Senator Robbins said. "I heard from many local residents that they received three or more of these calls each day during the last week before the recent primary. It's time we give people a chance to opt out receiving these calls."

The first Do-Not-Call List for political robo-calls would be required to be in use by October 15, 2008, in time for this fall's election season. Under Senate Bill 820, it would be illegal for any political candidate or organization to make an automated political call to any resident who signs up to be on the list. Offenders would be subject to penalties of up to $1,000 per violation.

Senate Bill 820 does not prohibit live political calls. Candidates and political organizations will still be able to contact all voters by telephone as long as they have a real person making the call.

Also on Wednesday, the Senate approved Senate Bill 1107, legislation that would prohibit courts from permanently altering child custody arrangements involving military personnel on active duty status.

The legislation would permit courts to enter a temporary custody order if there is clear and convincing evidence that it is in the best interest of the child. The temporary order would be reversed once the service member returns from active duty.

"When our men and women are serving their country, the very last thing they need to be worrying about is their child custody status," Senator Robbins said. "I hope the House will quickly move this bill to the Governor for enactment."

Both Senate Bill 820 and Senate Bill 1107 need House approval before being sent to the Governor for his consideration.

On Tuesday, the Senate approved Senate Resolution 263, which directs the Legislative Budget and Finance Committee to study the $4 construction and building permit fee levied under the Uniform Construction Code (UCC).

The revenues from the fee are deposited into two accounts – the Municipal Code Official Training Account and the Construction Contractor Training Account, which were established to provide training programs for municipal officials and contractors. The study is intended to determine how much is deposited in the two training accounts, and how the money in these accounts is actually being spent. The results are to be reported to the General Assembly by June 2008.

The Senate passed Senate Bill 1269 on Tuesday, legislation that would preclude statements made by a juvenile offender during the pre-trial screening process from being used as evidence in court. The screening process is intended to detect existing mental illness and substance abuse disorders, but because the statements made by juvenile offenders during evaluation are admissible in court, young offenders are often advised to not fully cooperate for fear of consequences in subsequent legal proceedings. The legislation now goes to the House of Representatives for their consideration.

Committee Roundup

The Senate Environmental Resources and Energy Committee approved legislation on Tuesday cosponsored by Senator Robbins to establish a special review board to arbitrate coal bed methane well disputes. 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 Bill 1330 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.

Under a 1983 Pennsylvania Supreme Court ruling, coal bed methane is considered part of the property rights transferred under coal agreements. Now, with energy prices rising, methane extraction is becoming more and more attractive to developers. As a result, many landowners who previously entered into coal agreements subsequently gave up their rights to coal bed methane and are confronted with mineral estate development on their property.

"That's a lengthy, expensive and often acrimonious process for all parties involved," Senator Robbins said. "This bill will provide a way for the parties to present their cases before a special panel with specific expertise in resolving those disputes, which could streamline the process."

The Senate Education Committee approved Senate Bill 472 on Tuesday. This legislation, introduced by Senator Robbins, would formally enact into law the Science Technology Partnerships Program, better known as "Science in Motion."

The program, which is already in place in many areas of the Commonwealth, makes state funding available to higher education institutions to purchase high tech science equipment. This equipment is then transported to and shared with surrounding schools.

"The truth is American students are lagging behind many other western nations in the fields of math and science. I strongly believe that we must support partnerships between colleges and high schools as a way to encourage young people to explore those technical fields," Senator Robbins said. "Science in Motion is an outstanding program that gives students the opportunity to go beyond the text book and see that science is a field that has no boundaries, limited only by the imagination."

This past year, more than 300 public, private, and parochial schools were served throughout the state by 11 higher education institutions: Cedar Crest College, Clarion University, Drexel University, Gannon University, Gettysburg College, Juniata College, Susquehanna University, the University of Pittsburgh at Bradford, Ursinus College, Westminster College, and Wilkes University.

Contact:

Michael Hengst
(717) 787-1322