Legislation introduced by Sen. Wayne D. Fontana (D-Allegheny) to prohibit the future use of private transfer fees in Pennsylvania passed the Senate today by a unanimous vote. It now goes to the House for consideration.
“I am proud to have sponsored this bill and am very glad to see it move so quickly through our Chamber,” Sen. Fontana said. “This is a true consumer protection bill which ensures that home buyers do not get more than they bargained for when buying a new home. In some states, this obligation isn’t even included in the closing papers and doesn’t require a signature, yet allows a person with no ownership interest in the property to continue to collect revenue.”
A private transfer fee is also known as a resale fee or a capital recovery fee and allows the developer or builder of a home to collect 1 percent (or more) of the sales price from the seller every time the property changes hands for the next 99 years. To date, private transfer fees have been seen in 43 states, with 18 states acting to ban the practice, one acting to require additional disclosure requirements while six other states are considering similar bills.
Senate Bill 353 would ban all new private transfer fees, allow for remedies if private transfer fees are imposed, require the full disclosure of existing private transfer fees, establish a process to free the property of an obligation and require persons entitled to such a fee to register with the county Recorder of Deeds.
“We have a responsibility to protect our residents from obligations such as this one that they may know nothing about or do not realize until it’s too late,” Sen. Fontana said. “I am extremely grateful to my colleagues and leadership in the Senate for their work in moving this issue forward and look forward to quick action by the House of Representatives.”
Senate Bill 353 is supported by the PA Association of Realtors, the PA Land Title Association, the PA & Delaware Valley Chapter of the Community Associations Institute and the PA Bankers Association.
March 2, 2011
Senate Committee OKs Michael Krancer As DEP Secretary
The Senate Environmental Resources and Energy Committee today unanimously approved the nomination of Michael Krancer as Secretary for Environmental Protection after a one hour hearing this morning. Click Here for a copy of Acting Secretary Krancer's opening statement.
The nomination now moves to the Rules and Nominations Committee and the full Senate for a final vote. More details on questions asked at the hearing will be available in this week's PA Environment Digest.
Wednesday NewsClips
February Revenues Below Estimates, Year Is 1.6 Percent Higher
Projected State Revenue A Guesstimate At Best
Op-Ed: $300 Million Goes Uncollected From Online Retailers
Editorial: Keep Tax Credit, Cameras Rolling In PA
PA School Voucher Bill Passes Senate Committee
State Plan For School Vouchers Advances
Senate Committee Votes To Approve School Voucher Bill
School Vouchers Clear First Hurdle
Senate Panel OKs School Voucher Bill
Senate Panel Approves Castle Doctrine Expansion
2 Corbett Nominees Win Committee Endorsements
Senate Panel Approves New DCED Secretary
Corbett Development Nominee Moves Toward Confirmation
Pittsburgh Businessman Named PA Turnpike Chair
Corbett Names Sam Katz To Intergovernmental Cooperation Panel
House Vote Would End Sprinkler Systems In New Homes
Orie Cross-Examined In Trial Over Campaign Work
Orie Admits Being Lazy, Using State Email For Campaign
Orie Finishes Testimony In Corruption Case
Ex-Veon Aide Gets Probation For Bonusgate
Bonusgate Defendant Ordered To Serve Probation
Bonusgate Defendant Given Probation, Must Repay $22,000
PA Juvie Justice Promise Is Made
Luzerne Reps Laud High Court's Juvie Justice Reforms
Op-Ed: Mr. Kids For Cash In Luzerne County
Toomey Calls For New Fiscal Restraint
U.S. Senate Votes Down Toomey's Debt Bill
Bethlehem Casino Operator Under Investigation
Judge Upholds DeNaples Banking Ban
State's High-Risk Insurance Pool Gaining Members
Shoppers Soak Up Sale At State Liquor Stores
DA May Seek Death Penalty In Philadelphia Abortion Case
Lehigh Valley Unemployment Claims Drop In January
Former House Speaker Jack Seltzer Passes
Nutter's Budget Faces Triple Threat In Philadelphia
Some Harrisburg Employees Facing Overtime IOUs
Editorial: Harrisburg's Consultants Give Lackluster First Show
Click Here for today's Environmental NewsClips
Projected State Revenue A Guesstimate At Best
Op-Ed: $300 Million Goes Uncollected From Online Retailers
Editorial: Keep Tax Credit, Cameras Rolling In PA
PA School Voucher Bill Passes Senate Committee
State Plan For School Vouchers Advances
Senate Committee Votes To Approve School Voucher Bill
School Vouchers Clear First Hurdle
Senate Panel OKs School Voucher Bill
Senate Panel Approves Castle Doctrine Expansion
2 Corbett Nominees Win Committee Endorsements
Senate Panel Approves New DCED Secretary
Corbett Development Nominee Moves Toward Confirmation
Pittsburgh Businessman Named PA Turnpike Chair
Corbett Names Sam Katz To Intergovernmental Cooperation Panel
House Vote Would End Sprinkler Systems In New Homes
Orie Cross-Examined In Trial Over Campaign Work
Orie Admits Being Lazy, Using State Email For Campaign
Orie Finishes Testimony In Corruption Case
Ex-Veon Aide Gets Probation For Bonusgate
Bonusgate Defendant Ordered To Serve Probation
Bonusgate Defendant Given Probation, Must Repay $22,000
PA Juvie Justice Promise Is Made
Luzerne Reps Laud High Court's Juvie Justice Reforms
Op-Ed: Mr. Kids For Cash In Luzerne County
Toomey Calls For New Fiscal Restraint
U.S. Senate Votes Down Toomey's Debt Bill
Bethlehem Casino Operator Under Investigation
Judge Upholds DeNaples Banking Ban
State's High-Risk Insurance Pool Gaining Members
Shoppers Soak Up Sale At State Liquor Stores
DA May Seek Death Penalty In Philadelphia Abortion Case
Lehigh Valley Unemployment Claims Drop In January
Former House Speaker Jack Seltzer Passes
Nutter's Budget Faces Triple Threat In Philadelphia
Some Harrisburg Employees Facing Overtime IOUs
Editorial: Harrisburg's Consultants Give Lackluster First Show
Click Here for today's Environmental NewsClips
March 1, 2011
Chief Justice Provides Update On Luzerne County Judicial Scandal Reform Actions
Pennsylvania Supreme Court Chief Justice Ronald D. Castille today released a progress report on changes the courts are in the process of making in response to the juvenile justice scandal in Luzerne County.
Most of the changes stem from recommendations of the Interbranch Commission on Juvenile Justice that was created by the courts, in conjunction with the executive and legislative branches, in August 2009 to investigate the scandal and develop recommendations for reform.
“I believe it is important for the people of Pennsylvania to know that Pennsylvania’s Unified Judicial System and the Supreme Court have not let the Commission’s report simply gather dust on a shelf,” Chief Justice Castille said. “The Judiciary is committed to improving the juvenile justice system so that the problems that were highlighted by the tragedy in Luzerne County are never repeated there or in any other county.”
The Chief Justice said that over the past nine months since the Commission issued its report, the Supreme Court, its various committees and the Administrative Office of Pennsylvania Courts (AOPC) are in the process of implementing scores of recommendations including rules changes addressing:
-- The rights of victims in juvenile cases – changes will allow victims to be more involved in the judicial process including making sure they are given more notice of upcoming hearings and being given the opportunity to testify.
-- The authority, duties and training of juvenile probation officers – authority and duties are now delineated in the rules.
-- The placement of juvenile offenders – judges will now be required to state, on the record, findings of fact and conclusions of law when placing a juvenile out of home and requiring the least restrictive placement that is consistent with the protection of the public and best suited to the juvenile’s treatment, supervision, rehabilitation and welfare.
-- The presumption of indigence for juveniles – the determination of indigence will now be based on the juvenile’s income alone.
-- The use of restraints on a juvenile during a court proceeding – the new rules will limit the use of restraints except in certain circumstances to prevent harm, disruptive behavior or flight.
Other changes include:
-- Allowing a juvenile to admit to the commission of the charges leveled against him or her.
-- Creating specific questions the juvenile must answer before a court can accept a guilty plea.
-- Giving juveniles the ability to waive counsel, in some ways similar to the same right as adults.
-- Creating rules to “fast track” appeals of trial court decisions that transfer or deny transfer of juvenile matters to adult court or vice-versa.
-- Requiring any judge who is the target of investigation by law enforcement to notify the Supreme Court of that investigation within five days.
The status of each recommendation is included in the report. The courts will issue further progress reports in the coming months.
“Ironically, Pennsylvania’s juvenile justice system has long been considered one of the best in the nation,” Chief Justice Castille said. “There are many individuals in the system who are dedicated to the welfare of juveniles who become involved in the justice system. Unfortunately, two judges in Luzerne County, by their criminal conduct, have caused unimaginable taint to those good people and to Pennsylvania’s juvenile justice system as a whole.
“The Judiciary has taken the Commission’s recommendations seriously. We are committed to continue to improve the juvenile justice system in every feasible way. Our work will continue.”
The Chief Justice’s progress report can be found by clicking here.
Most of the changes stem from recommendations of the Interbranch Commission on Juvenile Justice that was created by the courts, in conjunction with the executive and legislative branches, in August 2009 to investigate the scandal and develop recommendations for reform.
“I believe it is important for the people of Pennsylvania to know that Pennsylvania’s Unified Judicial System and the Supreme Court have not let the Commission’s report simply gather dust on a shelf,” Chief Justice Castille said. “The Judiciary is committed to improving the juvenile justice system so that the problems that were highlighted by the tragedy in Luzerne County are never repeated there or in any other county.”
The Chief Justice said that over the past nine months since the Commission issued its report, the Supreme Court, its various committees and the Administrative Office of Pennsylvania Courts (AOPC) are in the process of implementing scores of recommendations including rules changes addressing:
-- The rights of victims in juvenile cases – changes will allow victims to be more involved in the judicial process including making sure they are given more notice of upcoming hearings and being given the opportunity to testify.
-- The authority, duties and training of juvenile probation officers – authority and duties are now delineated in the rules.
-- The placement of juvenile offenders – judges will now be required to state, on the record, findings of fact and conclusions of law when placing a juvenile out of home and requiring the least restrictive placement that is consistent with the protection of the public and best suited to the juvenile’s treatment, supervision, rehabilitation and welfare.
-- The presumption of indigence for juveniles – the determination of indigence will now be based on the juvenile’s income alone.
-- The use of restraints on a juvenile during a court proceeding – the new rules will limit the use of restraints except in certain circumstances to prevent harm, disruptive behavior or flight.
Other changes include:
-- Allowing a juvenile to admit to the commission of the charges leveled against him or her.
-- Creating specific questions the juvenile must answer before a court can accept a guilty plea.
-- Giving juveniles the ability to waive counsel, in some ways similar to the same right as adults.
-- Creating rules to “fast track” appeals of trial court decisions that transfer or deny transfer of juvenile matters to adult court or vice-versa.
-- Requiring any judge who is the target of investigation by law enforcement to notify the Supreme Court of that investigation within five days.
The status of each recommendation is included in the report. The courts will issue further progress reports in the coming months.
“Ironically, Pennsylvania’s juvenile justice system has long been considered one of the best in the nation,” Chief Justice Castille said. “There are many individuals in the system who are dedicated to the welfare of juveniles who become involved in the justice system. Unfortunately, two judges in Luzerne County, by their criminal conduct, have caused unimaginable taint to those good people and to Pennsylvania’s juvenile justice system as a whole.
“The Judiciary has taken the Commission’s recommendations seriously. We are committed to continue to improve the juvenile justice system in every feasible way. Our work will continue.”
The Chief Justice’s progress report can be found by clicking here.
February Revenues Below Estimates, Year Is 1.6 Percent Higher
Pennsylvania collected $1.5 billion in General Fund revenue in February, which was $20.7 million, or 1.3 percent, less than anticipated, the Department of Revenue reported today. Fiscal year-to-date General Fund collections total $15.2 billion, which is $243.2 million, or 1.6 percent, above estimate.
Sales tax receipts totaled $573.9 million for February, $7.6 million below estimate. Year-to-date sales tax collections total $5.5 billion, which is $100.1 million, or 1.8 percent, more than anticipated.
Personal income tax revenue in February was $671.4 million, $23.7 million below estimate. This brings year-to-date PIT collections to $6.3 billion, which is $65.7 million, or 11 percent, above estimate.
February corporation tax revenue of $80.3 million was $11.7 million above estimate. Year-to-date corporation tax collections total $1.4 billion, which is $104.1 million, or 7.9 percent, above estimate.
Inheritance tax revenue for the month was $62 million, $5.1 million above estimate, bringing the year-to-date total to $500.7 million, which is $8.4 million above estimate.
Realty transfer tax revenue was $15.2 million for February, $500,000 below estimate, bringing the fiscal-year total to $187.8 million, which is $33.4 million less than anticipated.
Other General Fund tax revenue, including cigarette, malt beverage, liquor and table games taxes, totaled $104 million for the month, $8.2 million below estimate and bringing the year-to-date total to $953.4 million, which is $16.4 million below estimate.
Non-tax revenue totaled $23.7 million for the month, $2.5 million above estimate, bringing the year-to-date total to $363.8 million, which is $14.8 million above estimate.
In addition to the General Fund collections, the Motor License Fund received $135.6 million for the month, $24.7 million below estimate. Fiscal year-to-date collections for the fund total $1.7 billion, which is $160.7 million, or 10.6 percent, above estimate.
Sales tax receipts totaled $573.9 million for February, $7.6 million below estimate. Year-to-date sales tax collections total $5.5 billion, which is $100.1 million, or 1.8 percent, more than anticipated.
Personal income tax revenue in February was $671.4 million, $23.7 million below estimate. This brings year-to-date PIT collections to $6.3 billion, which is $65.7 million, or 11 percent, above estimate.
February corporation tax revenue of $80.3 million was $11.7 million above estimate. Year-to-date corporation tax collections total $1.4 billion, which is $104.1 million, or 7.9 percent, above estimate.
Inheritance tax revenue for the month was $62 million, $5.1 million above estimate, bringing the year-to-date total to $500.7 million, which is $8.4 million above estimate.
Realty transfer tax revenue was $15.2 million for February, $500,000 below estimate, bringing the fiscal-year total to $187.8 million, which is $33.4 million less than anticipated.
Other General Fund tax revenue, including cigarette, malt beverage, liquor and table games taxes, totaled $104 million for the month, $8.2 million below estimate and bringing the year-to-date total to $953.4 million, which is $16.4 million below estimate.
Non-tax revenue totaled $23.7 million for the month, $2.5 million above estimate, bringing the year-to-date total to $363.8 million, which is $14.8 million above estimate.
In addition to the General Fund collections, the Motor License Fund received $135.6 million for the month, $24.7 million below estimate. Fiscal year-to-date collections for the fund total $1.7 billion, which is $160.7 million, or 10.6 percent, above estimate.
Senators Piccola, Williams Applaud Committee Action On School Vouchers
The Senate Education Committee took a historic and monumental step today as it endorsed legislation sponsored by Chairman Jeffrey Piccola (R-Dauphin) and Sen. Anthony Williams (D-Philadelphia) reigniting the debate on school choice in Pennsylvania by giving parents the right to choose the best school for their child, regardless of school district or residential zip code.
Known as Senate Bill 1 to reflect its significance and legislative priority, the measure was approved in committee by a vote of 8-2 and would provide scholarships for public or private schools to families meeting certain income requirements.
The bill includes a three-year phase-in allowing the parents of a needy child to take the state subsidy that would have been directed to their home school district and apply it to the school of their choice. In the first year, low-income students attending persistently failing schools would be eligible for a grant. Low-income students residing within the attendance boundary of those schools, but currently attending private schools, would be eligible in year two. In the third year, all low-income students, regardless of school district, would be eligible. Senate Bill 1 defines "low-income" as families whose income is at or below 130 percent of the federal poverty level.
In addition to state-funded opportunity scholarships, the bipartisan legislation includes an increase of $25 million to Pennsylvania's Educational Improvement Tax Credit (EITC) program, bringing the total tax credits to $100 million. EITC provides financial assistance to working and middle class families seeking educational options for their children.
Following two comprehensive public hearings on the issue, most recently focusing specifically on their legislation, both bill sponsors applauded the panel for its action.
"Recognizing that one size doesn't fit all when it comes to educating our kids particularly for those who may be trapped in a struggling educational establishment, we've taken steps to assist our worst performing schools and rescue our most impoverished families. I am pleased my committee recognized the merits and need behind Senate Bill 1 and that opportunity scholarships, as well as the educational improvement tax credit, are critical to rescuing and affording our children the means to a better life," said Sen. Piccola.
"Today is an important milestone in a journey that began more than 20 years ago" said Sen. Williams. "While we still have a long way to go with many daunting challenges ahead, our battles in this chamber pale in comparison to the daily struggles of parents trying to find a way to provide their children with a quality education. In the end if we are successful, our efforts will be seen as a victory for the future of our Commonwealth but more importantly for the future, our children."
During the committee meeting, a number of amendments were offered to Senate Bill 1. Amendments introduced by Piccola and adopted by the committee focused on the issue of athletic recruiting, particularly prohibiting the recruitment of students for athletic reasons by a public or private school. Requirements for nonpublic schools were also addressed in an amendment and would establish guidelines for those participating nonpublic schools, such as requiring them to be nonprofit entities and to make available written policies pertaining to their tuition, admission, academics, and extracurricular activities.
"I am eager to continue working with my colleagues in both chambers of the Legislature and the Corbett Administration to bring this transformative change and competition to our schools once and for all. It has been over a decade since this issue was last publicly debated and addressed in Pennsylvania, and our families shouldn't have to wait any longer for this opportunity," Sen. Piccola said.
"Providing every child with an opportunity to receive a quality education is the lynchpin of nearly everything we seek to accomplish throughout the state. Opportunity scholarships and EITC are key elements in reaching that goal. An educated populace is inexorably tied to our economic competitiveness both nationally and globally," said Sen. Williams. "It impacts job creation, attraction and retention as well as the crime rate, the need for social services and correctional facilities. So this is indeed a defining moment for this Legislature and for the Commonwealth. I am looking forward to joining all of my legislative colleagues as we seize the moment and make school choice a reality."
If Senate Bill 1 is enacted into law, Pennsylvania would join a number of other states which already have vouchers or tax-credit programs in place that provide scholarships to low-income students to attend private schools. The legislation now heads to the Senate Appropriations Committee for consideration.
Known as Senate Bill 1 to reflect its significance and legislative priority, the measure was approved in committee by a vote of 8-2 and would provide scholarships for public or private schools to families meeting certain income requirements.
The bill includes a three-year phase-in allowing the parents of a needy child to take the state subsidy that would have been directed to their home school district and apply it to the school of their choice. In the first year, low-income students attending persistently failing schools would be eligible for a grant. Low-income students residing within the attendance boundary of those schools, but currently attending private schools, would be eligible in year two. In the third year, all low-income students, regardless of school district, would be eligible. Senate Bill 1 defines "low-income" as families whose income is at or below 130 percent of the federal poverty level.
In addition to state-funded opportunity scholarships, the bipartisan legislation includes an increase of $25 million to Pennsylvania's Educational Improvement Tax Credit (EITC) program, bringing the total tax credits to $100 million. EITC provides financial assistance to working and middle class families seeking educational options for their children.
Following two comprehensive public hearings on the issue, most recently focusing specifically on their legislation, both bill sponsors applauded the panel for its action.
"Recognizing that one size doesn't fit all when it comes to educating our kids particularly for those who may be trapped in a struggling educational establishment, we've taken steps to assist our worst performing schools and rescue our most impoverished families. I am pleased my committee recognized the merits and need behind Senate Bill 1 and that opportunity scholarships, as well as the educational improvement tax credit, are critical to rescuing and affording our children the means to a better life," said Sen. Piccola.
"Today is an important milestone in a journey that began more than 20 years ago" said Sen. Williams. "While we still have a long way to go with many daunting challenges ahead, our battles in this chamber pale in comparison to the daily struggles of parents trying to find a way to provide their children with a quality education. In the end if we are successful, our efforts will be seen as a victory for the future of our Commonwealth but more importantly for the future, our children."
During the committee meeting, a number of amendments were offered to Senate Bill 1. Amendments introduced by Piccola and adopted by the committee focused on the issue of athletic recruiting, particularly prohibiting the recruitment of students for athletic reasons by a public or private school. Requirements for nonpublic schools were also addressed in an amendment and would establish guidelines for those participating nonpublic schools, such as requiring them to be nonprofit entities and to make available written policies pertaining to their tuition, admission, academics, and extracurricular activities.
"I am eager to continue working with my colleagues in both chambers of the Legislature and the Corbett Administration to bring this transformative change and competition to our schools once and for all. It has been over a decade since this issue was last publicly debated and addressed in Pennsylvania, and our families shouldn't have to wait any longer for this opportunity," Sen. Piccola said.
"Providing every child with an opportunity to receive a quality education is the lynchpin of nearly everything we seek to accomplish throughout the state. Opportunity scholarships and EITC are key elements in reaching that goal. An educated populace is inexorably tied to our economic competitiveness both nationally and globally," said Sen. Williams. "It impacts job creation, attraction and retention as well as the crime rate, the need for social services and correctional facilities. So this is indeed a defining moment for this Legislature and for the Commonwealth. I am looking forward to joining all of my legislative colleagues as we seize the moment and make school choice a reality."
If Senate Bill 1 is enacted into law, Pennsylvania would join a number of other states which already have vouchers or tax-credit programs in place that provide scholarships to low-income students to attend private schools. The legislation now heads to the Senate Appropriations Committee for consideration.
Tuesday NewsClips
Budget Secretary Says Day Of Reckoning Has Arrived
Budget Secretary Blames Rendell For Mess
State Budget Secretary Warns Of Day Of Reckoning
Budget Secretary Mum On Spending Plan Details
Day Of Reckoning Near On State Budget
Blog: New Corbett Budget Will Not Have Gimmicks Of The Past
Column: Corbett Might Fight More For Gas Drillers Than Against Unions
Op-Ed: Labor Coalition Hopes Corbett's Budget Serves Working Families
Editorial: Brace Yourself, Corbett Cuts Are On The Horizon
Harrisburg Democrat, Republicans Talk Bipartisanship
adultBasic Health Insurance Expires Today
40,000 Have Lost Health Insurance
Medical Coverage For Working Poor Has Vanished
End Of adultBasic Adds To Health Care Strain
Rally Protests End Of adultBasic
Corbett Replaces Six DRPA Board Members
Orie Denies Dictating Political Work On Taxpayer Dime
Orie Denies Allegations, Points To Top Aide
Character Witnesses Testify At Orie Trial
Lehigh Valley Federal Lawmakers Buck Their Party On Spending Cuts
Many Amendments Expected To Voucher Bill
Community Colleges, State Schools Team Up To Ease Transfer
Editorial: Public Universities Should Have No Secrets
Corbett Names Forbes NE Regional Director
Share The Pain, Harrisburg Residents Tell Act 47 Team
Harrisburg Residents Voice Concerns Over City's Financial Future
Click Here for today's Environmental NewsClips
Budget Secretary Blames Rendell For Mess
State Budget Secretary Warns Of Day Of Reckoning
Budget Secretary Mum On Spending Plan Details
Day Of Reckoning Near On State Budget
Blog: New Corbett Budget Will Not Have Gimmicks Of The Past
Column: Corbett Might Fight More For Gas Drillers Than Against Unions
Op-Ed: Labor Coalition Hopes Corbett's Budget Serves Working Families
Editorial: Brace Yourself, Corbett Cuts Are On The Horizon
Harrisburg Democrat, Republicans Talk Bipartisanship
adultBasic Health Insurance Expires Today
40,000 Have Lost Health Insurance
Medical Coverage For Working Poor Has Vanished
End Of adultBasic Adds To Health Care Strain
Rally Protests End Of adultBasic
Corbett Replaces Six DRPA Board Members
Orie Denies Dictating Political Work On Taxpayer Dime
Orie Denies Allegations, Points To Top Aide
Character Witnesses Testify At Orie Trial
Lehigh Valley Federal Lawmakers Buck Their Party On Spending Cuts
Many Amendments Expected To Voucher Bill
Community Colleges, State Schools Team Up To Ease Transfer
Editorial: Public Universities Should Have No Secrets
Corbett Names Forbes NE Regional Director
Share The Pain, Harrisburg Residents Tell Act 47 Team
Harrisburg Residents Voice Concerns Over City's Financial Future
Click Here for today's Environmental NewsClips
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