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Post Session Report :: Wednesday, December 15, 2021

SB 291, PN 1273 (Hughes) – Provides for the Capital Budget Act of 2021-2022. The maximum bond indebtedness that the Commonwealth may incur is $1.01 billion. A vote of 50-0 was recorded.

HB 412, PN 2533 (Gleim) – Amends the act of March 10, 1949 (P.L. 30, No. 14), known as the Public School Code of 1949, providing for day-to-day substitutes; in certification of teachers, further providing for substitute teaching permit for prospective teachers, for program of continuing professional education and for locally issued temporary certification for substitute teachers and providing for permit for classroom monitors and for substitute teaching policy; and, in Safe2Say Program, further providing for false reports. A vote of 37-13 was record.

SB 566, PN 611 (Regan) – Amends the Liquor Code to provide for the statewide auctioning of dead liquor licenses that are not bid on at a previous auction within the county of origin. Senator Regan offered amendment A03160 which does the following:

Section 102 is amended to add definitions of ready-to-drink cocktails and spirits. Ready-to-drink cocktails are beverages of not more than 16 ounces, containing between .5% and 12.5% alcohol by volume and composed of a mixture of spirits and other nonalcoholic ingredients.

Spirits are alcohol obtained through distillation including brandy, rum, whiskey, gin, or other spiritous liquor.

Section 305 is amended to prohibit the PLCB from providing the 10% wholesale licensee discount on RTDs, but allows it to sell RTDs that are outside of the restrictions contained in the definition.

Sections 401 and 407 are amended to permit restaurant and hotel licensees to sell RTDs for off premise consumption in quantities not to exceed 192 ounces. RTDs can be sold by restaurants and hotels for off premise consumption no later than 11PM.

Sections 406 and 407 are amended to allow restaurant, hotel, and club license holders to sell RTDs for on premise consumption. It also permits restaurant and hotel licensees to sell prepared beverages and mixed drinks for off premise consumption permanently.

Section 406.1 is amended to allow distilleries, limited distilleries, and manufacturers of RTDs to have secondary service areas.

Section 408 is amended to permit railroad, pullman, steamships, and airlines to sell RTDs to passengers.

Section 410 is amendment to allow importers’ license holders to import RTDs into the Commonwealth and to sell them to other importers, distributors, importing distributors, hotels, restaurants, and clubs.

Section 412 is amended to allow public venues to sell RTDs.

Section 413 is amended to permit performing arts facilities to sell RTDs.

Section 414 is amended to allow continuing care retirement facilities to sell RTDs.

Section 416 is amended to allow casinos to sell RTDs. Casinos may not sell RTDs to go.

Sections 431 and 441 are amended to permit distributors and importing distributors to sell RTDs.

Section 440 is amended to permit breweries to produce and sell RTDs for on and off the premises consumption.

Creates a new Section 489 to provide for fees collected from sellers of RTDs as follows:

  • From importing licensees and import distributors:

o A $5,000 application fee; and

o An annual 3% renewal fee based on gross sales

  • From grocery and convenience stores:

o $2,500 application fee; and

o An annual 2% renewal fee based on gross sales

  • From restaurants, hotels, and retail distributors:

o $1000 application fee; and

o An annual 2% renewal fee based on gross sales

  • The 18% liquor tax and State sales tax are also collected, but the sales taxes from Philadelphia and Allegheny County are not collected.

Section 492 is amended to include RTDs under all the same unlawful acts and penalties for the delivery, sales, distribution, possession, storage, and manufacturing as beer.

The amendment was approved by a vote of 26-24. The bill was approved by a vote of 26-24.

SB 635, PN 1125 (Yudichak) – Amends Title 12 to expand the existing Pennsylvania Commercial Property Assessed Clean Energy Program (“C-PACE”) to include multifamily housing, and expands eligible upgrades to include indoor air quality (e.g. COVID-19 mitigation) and resiliency improvements. A vote of 42-8 was recorded.

SB 904, PN 1140 (Baker) – Allows for probation officers to schedule “virtual” probation meetings through the use of technology portals. A vote of 50-0 was recorded.

SB 905, PN 1141 (Baker) – Requires standards and recommendations developed for county adult probation and parole to include consideration of an offender’s schedule in certain situations. A vote of 50-0 was recorded.

SB 913, PN 1282 (Baker) – Amends Title 42 (Judiciary and Judicial Procedures) to provide comprehensive probation reforms. A vote of 46-4 was recorded.

SB 924, PN 1177 (Brooks) – Provides for a moratorium on the closure of State centers and establishes the Task Force on the Closure of State Centers to evaluate and provide recommendations before the centers can be closed. A vote of 32-18 was recorded.

HB 2071, PN 2518 (Causer) – Establishes a Broadband Development Authority to deploy federal broadband grant money to unserved and underserved Pennsylvania communities. A vote of 50-0 was recorded.

The Senate confirmed the following executive nominations by a vote of 49-1:

Meghann K. Pierdon, Animal Health and Diagnostic Commission (reappointment)

James A. Shirk, Animal Health and Diagnostic Commission (new appointment)

George R. Burrell, Board of Claims (new appointment)

Michael L. Flinchbaugh, State Conservation Commission (reappointment)

John E. Mahn, Jr., Pennsylvania Fish and Boat Commission (new appointment)

Allen J. DiMarco, Pennsylvania Game Commission (new appointment)

Haley J. Sankey, Pennsylvania Game Commission (new appointment)

Marsha H. Grayson, Board of Pardons (reappointment)

Patrick D. Campbell, Magisterial District Judge – Allegheny County (new appointment)

The Senate confirmed the following executive nominations by a vote of 50-0:

Marie T. Veon, Judge, Court of Common Pleas, Venango County (new appointment)