An update of recent legislative activity by Pennsylvania House Democrats

Jan. 18, 2008

PASSED THE HOUSE

Bennington child protection initiative signed into law 

A measure introduced by freshman Democratic Rep. Lisa Bennington that requires FBI clearances for foster and adoptive parents in Pennsylvania has been signed into law by the governor. The new law (Act 73 of 2007) requires all foster and adoptive parent applicants to obtain an FBI clearance prior to their approval. Further, any applicants or people over 18 residing in the applicants' homes who have lived outside Pennsylvania within the past five years will be required to obtain child abuse clearances from the Statewide Central Register, or the equivalent depending on the state in which they had previously resided. Bennington's measure also includes a provision to have adoptive and foster parents – and any adult living with them -- renew their child abuse clearance every 24 months. 

"Becoming an adoptive or foster parent takes tremendous commitment and love, and those who make the choice to undertake that responsibility deserve our gratitude," Bennington said. "But unfortunately, we know that not every adult is well-intentioned, and my measure aims to identify those people who may do harm in a child's life."

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PASSED THE HOUSE

House Democrats move forward to reduce Pennsylvanians' tax burden

One measure that cleared the House is H.B. 1947, sponsored by House Finance Committee Chairman David Levdansky, D-Allegheny. The bill would remove the constitutional barrier to eliminating property taxes by taking the homestead exemption to 100 percent. In order to amend the constitution, the legislation must be approved by the General Assembly in two consecutive sessions, and then approved by the voters.

Also clearing the House was the Earned Income Tax Credit (H.B. 377), sponsored by House Appropriations Committee Chairman Dwight Evans, D-Phila., which would provide low-income workers with extra income through state tax refunds.

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Siptroth equitable school funding commission plan passes House

A plan introduced by Rep. John Siptroth, D-Monroe/Pike, that would help to reform school funding in Pennsylvania was adopted by the House this week. The legislation (H.R. 460) would create a commission to examine the data derived from the state Board of Education's costing-out study of public education in Pennsylvania. The commission would offer recommendations on changing the current system for funding public education. The study results were released in November.

"We need a funding system in Pennsylvania that ensures state money for education is distributed both adequately and equitably," Siptroth said. "Most everyone agrees that the current system falls short. The costing out study gives us an opportunity to address this important issue if we do a careful study of the results and use them to fashion an education funding plan that is fair to all school districts and accountable to taxpayers."

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House approves Taylor amendment that would lower taxes

The state House has adopted an amendment sponsored by Rep. Rick Taylor, D-Montgomery, that would significantly reduce Pennsylvania's Personal Income Tax rate. Taylor's proposal, which was attached to H.B. 377, would lower the rate from its current 3.07 percent to 2.99 percent. The reduction would return about $300 million to taxpayers, both individuals and small businesses.

"Economic signs are pointing toward a recession, and the timing of a cut like this would be especially beneficial for small-business owners," Taylor said. "Small businesses are where the lion's share of growth in Pennsylvania's economy has occurred, and a tax cut now would help buttress these businesses so they can weather a recession, invest in newer technology and hire additional employees."

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COMMITTEE ACTION

Solobay's bill to protect breastfeeding rights in the workplace moves forward

The House Children and Youth Committee has approved legislation sponsored by Rep. Tim Solobay, D-Washington, that would protect the rights of nursing mothers in the workplace. House Bill 1073 would prevent employers from firing, withholding pay, demoting, refusing to hire or otherwise discriminating against a lactating woman should she breastfeed or express breast milk at the workplace. It would also bar any employer from banning an employee from expressing breast milk during any break period required by law.

"Breastfeeding offers the best nutrition to infants and the longer a mom can nurse her baby the better," Solobay said. "This bill would ensure babies can continue receiving the nutritional and health benefits of breast milk even after their moms return to the workplace."

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BILL INTRODUCTIONS

Readshaw proposes that Pa. pick up federal slack in illegals crisis

Rep. Harry Readshaw, D-Allegheny, has introduced sweeping legislation (H.B. 2169) that would give state agencies authority to make up for failures by the federal government to adequately enforce immigration laws. Readshaw's legislation is similar to a law that went into effect in Oklahoma on Nov. 1. His proposal would, among other things: Require public agencies to determine if people seeking benefits are lawfully in the country, but would exempt children up to age 14; authorize the state attorney general to reach an accord with the federal government to permit state and local law enforcement officers to assume certain federal immigration enforcement responsibilities; prohibit illegal immigrants from receiving higher education financial assistance and scholarships, but would allow students to attend at an in-state tuition rate; and prohibit the issuance of official identification cards to citizens, nationals and legal permanent residents except for driver's licenses and school identification cards.

"We simply cannot allow the problem of illegal immigration to continue unabated," said Readshaw, "and if we aren't going to get the protection from Washington that we deserve, then we must seek action on state level. There are approximately 12 million illegal aliens in our country. They are attending our schools and seeking public benefits, but avoid paying income taxes, which has put a growing burden on the average taxpayer and our national, state and local programs."

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Daley introduces measure to create new COLA system for state, teacher retirees

House Commerce Committee Chairman Peter J. Daley D-Washington/Fayette, has unveiled a plan to provide permanent cost-of-living adjustments for future teachers and state retirees. Daley's proposal also includes a 5 percent cost-of-living adjustment for current retirees who left active service before the 2001 pension changes. Daley's plan would create a new voluntary class for current actively employed members of the state's pension funds for teachers and state employees. Those electing to join this category would contribute 1 percent of their gross pay each pay period. In exchange, the pension fund would guarantee them a permanent annual cost-of-living adjustment equal to the Consumer Price Index, up to a 3 percent maximum.

"This plan would provide greater financial certainty for many of Pennsylvania's retirees," said Daley. "Retirees will feel confident that their pensions will keep pace with their expenses from year to year."

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Pa. lawmaker pushes for changes in overweight vehicle road bonds

As Pennsylvania House Democrats continue to look for ways to improve roads and bridges across the Commonwealth, Rep. Mark Longietti, D-Mercer, has introduced a proposal (H.B. 2133) that would update Pennsylvania's regulation of road bonds for overweight vehicles and increase the bond amounts, which have not been raised in almost 30 years. Current law allows municipalities to set a 10-ton vehicle weight limit on certain roads that have been found to need such a restriction. Vehicles that exceed the 10-ton limit can apply for a permit and post a bond of up to $12,000 to ensure money is available to repair a road if the vehicle damages the roadway. In addition to increasing the bond amounts, Longietti said his legislation would reverse the burden of proof in favor of the municipality when damage to a roadway occurs.

"Unfortunately, the bond amounts for these overweight trucks have not been increased since 1978, yet over that same time frame, the costs to repair our roads in Pennsylvania have increased dramatically," Longietti said. "Each year over the last three years, road repair costs have risen by nearly 36 percent. The $12,000 cap just isn't enough in today's economy and the local taxpayers are left footing the rest of the bill."

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Readshaw proposes local liquor license saturation limit

Citing mounting concerns from constituents in a portion of his district, Rep. Harry Readshaw, D-Allegheny, has announced that he has introduced legislation (H.B. 2170) that would give municipalities the ability to establish limits on the concentration of liquor licenses in certain areas. The legislation would allow a municipality, working with the Liquor Control Board, to determine a maximum saturation ratio for the community. Under the proposal, once the saturation level has been met or exceeded, the local governing body would have to approve the transfer or issuance of a license for economic development purposes. Factors to be considered would include the type of establishment, the current saturation rate, zoning at the site and the size of the zoning district.

"In locations closely adjoining residential areas, people are upset with overflow parking, noise and other disturbances," Readshaw said. "To their great credit, the business operators are following the letter of the law, but the sheer number of establishments results in a spill-over off their premises of individuals who bend the rules and increasing impact the day-to-day quality of life of the people who reside nearby."

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McIlvaine Smith: School retirees deserve to keep up with inflation

Citing the ever-rising costs of fuel, food and utilities, Rep. Barb McIlvaine Smith, D-Chester, has introduced legislation that would help public school retirees keep pace with inflation. Under H.B. 2148, the retirees would receive cost-of-living adjustments, referred to as COLAs, each July 1 in accordance with the Consumer Price Index for Urban Wage Earners. McIlvaine Smith noted that a COLA is not a raise, but only an adjustment that enables retirees to keep pace with inflation.

"We are talking about people who spent their lives in service to our children. After so much dedication to education, they deserve to retire with dignity," McIlvaine Smith said. "The last COLA was enacted in 2002 and since that time the cumulative rate of inflation has risen 18 percent. As the price of life's necessities increases, these retirees have seen their spending power decrease."

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Lentz to introduce bill protecting employees, competing businesses

Employers who intentionally misclassify employees as independent contractors to save money and avoid taxes would be subject to strict penalties under legislation Rep. Bryan R. Lentz, D-Delaware, plans to introduce. Lentz's legislation would establish the "Workers' Compensation Independent Contractor Act," which would consider a person who performs services in the construction or commercial-carrier industries to be an employee unless the Department of Labor and Industry determines that the worker is legitimately an independent contractor. 

"The intentional misclassification of employees gives employers an unfair advantage over legitimate and honest employers who comply with state and federal employment requirements," Lentz said. "Many of these same employers subvert the system by hiring and using illegal workers on projects, thereby keeping costs very low and putting legitimate workers at a disadvantage. My legislation would put everyone on a level playing field when bidding for contracts, and also protect employees from being cheated out of their due compensation."

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Surra introduces 'show car' registration bill

Custom-car and show-car enthusiasts in Pennsylvania would see the burden of Pennsylvania's new, enhanced vehicle inspection requirements reduced for them under legislation introduced today by Rep. Dan Surra, D-Elk/Clearfield. Surra's legislation (H.B. 2163) would create a special "show car" inspection classification that would apply to modified or custom-built cars that are driven less than 5,000 miles a year and are used primarily for transportation to and from repair facilities, parades, car shows and similar events. Owners could obtain special registration for these vehicles, which would exempt them from the state's enhanced inspection requirements for rebuilt or modified cars.

"Enhanced inspections can add hundreds of dollars to the cost of rebuilding and maintaining custom and show cars, even though in many cases these enhanced inspections are unnecessary for cars that are rarely driven and used primarily for exhibition," Surra said. "A special class of inspection for these cars makes sense, one that ensures show cars and street rods are safe when they are on the road but that doesn't require an inspection procedure that is costly and unnecessary."

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Hanna introduces tax credit bill for businesses near I-80

Rep. Mike Hanna, D-Clinton/Centre, will introduce legislation that would aid businesses impacted by the planned conversion of Interstate 80 into a toll road. Under Hanna's bill, businesses impacted by the tolling plan could apply for an economic development tax credit through the state Department of Community and Economic Development. The tax credit would neutralize the additional shipping expenses that businesses along Interstate 80 would face due to the introduction of tolls on the interstate.

"Imposing tolls on I-80 could affect the growth of these businesses, but the tax credit would help them remain stable and improve the chances of bringing additional business to the area," Hanna said. "Paying daily tolls to transport their goods could cause a lot of businesses to consider moving elsewhere and keep new companies from setting up shop in our region."   

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Grucela introduces bill protecting victims of domestic abuse

To protect victims of domestic abuse from additional exploitation, Rep. Richard Grucela, D-Northampton, has introduced legislation that would exempt them from paying spousal support to their abusive partner. Current state law requires married people to support each other financially, based on their ability to pay.

"A person who abuses his or her spouse is often a master manipulator who exhibits patterns of intimidation, obsession, possession and revenge," Grucela said. "To give these criminals one more tool to control a victim's life is reprehensible. People who have been terrorized by their spouse should not have to pay spousal support simply because their income may be greater than their abuser's."

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Grucela legislation would drop telemarketing calls at work

A private residence isn't the only place where unsolicited telemarketing calls are not welcome. Under legislation Rep. Richard Grucela, D-Northampton, has introduced, businesses also could participate in the state's Do Not Call List.

"Businesses are often contacted by telemarketers, and those interruptions are an inconvenience and disrupt business operations," Grucela said. "Unfortunately, they are not eligible to participate in the state's Do Not Call List. I believe Pennsylvania businesses should also have the right to avoid unwanted telemarketing calls, and to participate in the existing Do Not Call List." 

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Solobay introduces bill to protect Pa. miners 

Rep. Tim Solobay, D-Washington, has introduced a bill aimed at making Pennsylvania's mines safer. House Bill 2164 would bring state law more in line with federal mine safety standards. Key elements of H.B. 2164 include creation of a Coal Mine Safety Board that would continually review regulations and make recommendations based on new mine safety technologies; specifications for emergency shelter chambers in underground coal mines; improved availability and transfer of coal mine maps to DEP; and greater responsibility on mine operators to ensure safety.

"With the mining disasters over the past few years, both in Pennsylvania and in other states, it became very apparent that there needs to be some upgrades and revisions to mine safety," Solobay said.