An update of recent legislative activity by Pennsylvania House Democrats

March 14, 2008

SIGNED INTO LAW

Pa. Supreme Court changes rules to reflect Mundy subpoena proposal

The Pennsylvania Supreme Court has adopted changes to its juvenile delinquency court proceeding rules in response to legislation (H.B. 301) authored by Rep. Phyllis Mundy that would require parents to be notified when their child is subpoenaed to appear in court. Mundy authored the legislation following the arrest of a Luzerne County boy whose mother was not notified when her son was subpoenaed to testify about an incident he witnessed on school grounds. Police later arrested the boy during school and placed him in a juvenile detention center for failing to appear at the hearing. Authorities also failed to notify the mother when they issued a warrant for the boy's arrest.
 

"I am pleased the court has taken action to include parents in delinquency proceedings because not doing so causes unnecessary stress for everyone involved," Mundy said. "Children are the responsibility of their parents. The mother involved in this case asserted that had she been notified of her son's subpoena and the hearing date, she would have ensured his attendance."

Mundy concluded that no further action is required on her bill because the new rules reflect the bill's intent. 

-- Click here to read more.

SIGNED INTO LAW

Melio: emergency services bills headed to governor

Rep. Tony Melio, D-Bucks, said three bills he sponsored to enhance emergency services in Pennsylvania communities have been signed into law by the governor. The new laws (H.B.s 1131, 1133 and 1134) require first- and second-class townships and boroughs in Pennsylvania to be responsible for ensuring that fire and emergency services are available to all residents within their jurisdiction. 

"It was my intent with these bills to make sure all communities are adequately covered by the appropriate emergency services and fire personnel," Melio said. "This may mean they have their own volunteer departments or are in need of a neighboring municipality's services. That can be worked out between the local governments and the emergency services and volunteer companies."

-- Click here to read more.

PASSED THE HOUSE

DePasquale proposal to invest in alternative energy passes House

Rep. Eugene DePasquale, D-York, announced that legislation he introduced as part of the state's Energy Independence Strategy passed the House this week. The bill (S.S.H.B. 1) would allocate $850 million in bond funding to the Pennsylvania Energy Development Authority and the Commonwealth Financing Agency to support research, development and deployment of various alternative energy projects and technologies. The funding would be divided in a variety of ways to incentivize alternative-energy production, including the creation of a rebate program for energy-efficient appliances and the establishment of a rebate and grant program for solar energy technologies. In addition, a percentage of the funding would provide grants and loans for alternative energy projects, alternative fuels, demand-side management and energy-efficient measures.
 

"Passing this legislation in the House is a significant step toward securing the future of Pennsylvania's economy and its environment," DePasquale said. "It is important that we continue to look at investments in alternative energy as the next frontier in creating and sustaining jobs, as well as maintaining a stable economy."

-- Click here to read more.

Yudichak bill to give dental assistants representation voted out of House

Rep. John Yudichak, D-Luzerne, said legislation he sponsored that would provide more complete representation for the state's dental professionals on the State Board of Dentistry was recently passed by the House. The legislation (H.B. 494) would add one dentist and one expanded-function dental assistant to the State Board of Dentistry. The board ensures that dental professionals have proper qualifications and certification to practice in the state. Currently, the board does not include an expanded-function dental assistant.

"These professionals need representation on any board that makes decisions on their behalf," Yudichak said. "Having one of their own on the State Board of Dentistry will ensure that their voice is heard."

-- Click here to read more.

Yudichak bill to license respiratory therapists passes House

Rep. John Yudichak, D-Luzerne, said legislation he sponsored that would license respiratory therapists recently passed the House. Yudichak's bill (H.B. 1804) would require respiratory therapists to be licensed by the state. Currently, they only receive certification from a national board. Many people, including some therapists, believe they are state-certified because they receive a licensure number on the official national board document. 
 

"Pennsylvania has the second-oldest population in the country, and respiratory therapists will be in demand more than ever as Commonwealth residents continue to age," Yudichak said. "It's important to make sure they have the proper licensing to protect their profession and the health and welfare of the public."

-- Click here to read more.

House passes Conklin's proposed expansion of First Industries program

Legislation introduced by Rep. Scott Conklin, D-Centre, that would provide additional opportunities for tourism and agricultural projects to receive state financial assistance through the First Industries program passed the state House this week. Conklin said his proposal (H.B. 1265) would allow entities that do not offer deposit services, such as farm credit system institutions, to participate in the First Industries loan guarantee program and reduce the amount of private funding required for a project to be eligible for a loan from $1 million to $250,000.
 

"Agriculture and tourism are Pennsylvania's leading industries and are responsible for the livelihoods of thousands of families across the Commonwealth," Conklin said. "By opening up and expanding the First Industries program, we have the ability to help Pennsylvania tourism and agricultural companies succeed in today's tough economic market."

-- Click here to read more.

COMMITTEE ACTION

Longietti proposal addressing mortgage crisis endorsed by House committee

Rep. Mark Longietti, D-Mercer, announced that the state House Commerce Committee has unanimously approved legislation he introduced that would address some of the causes of the mortgage and foreclosure crisis affecting Pennsylvania residents. Longietti said his bill (H.B. 1081) would help crack down on fraudulent home appraisals, which many financial experts believe has played a major role in the country's current mortgage crisis. Longietti's proposal would provide additional reasons for denying, suspending or revoking an appraiser's certificate in Pennsylvania. This would include two specific changes: denying an appraisal certificate if the applicant had his or her right to practice suspended or revoked by the federal or another state government, or if an appraiser has been found guilty by a civil court of involvement in a fraudulent appraisal.
 

"Mortgage fraud has played a major role in the financial crisis we are witnessing and forcing many banks to foreclose on the homes of honest, hardworking citizens," Longietti said. "These schemes would not have worked if not for the willingness of certain unscrupulous appraisers to inflate the values of homes far in excess of what they were worth. This proposal would help prevent those who committed fraud in another state from coming to Pennsylvania and setting up shop here."

-- Click here to read more.

Smith long-term care safety bill approved by House committee

The House Aging and Older Adult Services Committee has approved legislation introduced by Rep. Ken Smith, D-Lackawanna, which would help to protect patients in long-term care facilities from harming themselves. Smith's legislation (H.B. 2109) would require long-term care facility employees and administrators to report patient self-neglect cases within 48 hours of an incident to Area Agency on Aging facilities in counties across Pennsylvania.
 

"My proposal would provide better safeguards for people who become a physical threat to themselves or others because of neglectful actions," Smith said.

-- Click here to read more.

Siptroth underage drinking bill voted out of committee

Rep. John Siptroth, D-Monroe/Pike, said his measure regarding parental notification of underage drinking at Pennsylvania colleges and universities (H.B. 229) was voted out of the House Liquor Control Committee this week. Siptroth's bill would require parents or guardians to be notified should their child be found purchasing, consuming, possessing or transporting alcoholic beverages at any of Pennsylvania's state-owned or state-related colleges and universities.
 

"I'm proud this important measure was approved in committee," Siptroth said. "I'm eager to see it come up for a vote among all my colleagues in the House."

-- Click here to read more.

Tourism committee OKs funding overhaul bill

The House Tourism and Recreational Development Committee has approved legislation (H.B. 2302) that would change the way Pennsylvania funds local and regional tourism promotion efforts. The legislation, introduced by Rep. Tom Tangretti, D-Westmoreland, would merge two existing tourism funding line items in the state budget -- Matching Funds, which are provided to the state's 49 individual tourism promotion agencies, and Regional Marketing Initiatives, which are used to promote tourism on a regional basis. Specific percentages of the state's total tourism funding amount would be set for each program and the bill would define who is eligible to receive grants under each program. The bill would also create specific guidelines for the use of regional marketing grants.
 

"This legislation would immediately provide more funding for local tourism promotion agencies under the Matching Grant program so that they could carry out their mission," Tangretti said. "At the same time, it would recognize that regional branding has become an important part of tourism marketing and would set aside a specific percentage of state tourism funds to continue those efforts. However, it would place more accountability on how regional funds are used and end the practice of DCED arbitrarily dictating how much and where regional tourism funding is provided."

-- Click here to read more.

House Judiciary Committee approves medical support bill

A bill sponsored by House Judiciary Committee Chairman Tom Caltagirone, D-Berks, that would enhance the Pennsylvania Child Support Enforcement program by including medical support was approved by the committee this week and sent to the full House for consideration. The bill (H.B. 2252) would comply with requirements under the Federal Deficit Reduction Act and provide medical and financial aid to Pennsylvania's low-income families by requiring every child support order in the state to also require that either or both parents pay for medical care for their children; requiring the state to collect a $25 fee from most families receiving child support;  and redistributing that money to low-income families to help pay for children's medical care.

"This legislation will help us to comply with the federal deficit law so that child support cases are handled in a way that keeps the best interest of families in mind while reducing operating fees," Caltagirone said. "It will also help ensure that children in low-income family support cases are covered with medical care and also provide those families with a little extra money to help with that support."

-- Click here to read more.

BILL INTRODUCTIONS

Mann legislation would prohibit Internet use for sex offenders

Rep. Jennifer Mann, D-Lehigh, recently introduced legislation to expand restrictions placed on registered sex offenders. The bill (H.B. 2247) would prohibit convicted sex offenders from using the Internet if they used the Internet in the commission of their crime. Exceptions would be granted if the person is authorized by a parole or probation officer, or by a court order, to use the Internet for work or to look for a job.  

"The anonymous nature of the Internet allows sexual predators using a fake identity to stalk children in their own homes," Mann said. "This easy accessibility requires extra oversight, and those already convicted of using the Internet to commit sex crimes shouldn't be allowed to have the Internet as a tool in their arsenal."

-- Click here to read more.

Kortz wants stronger Pa. dog law

Rep. Bill Kortz, D-Allegheny, will soon introduce two bills aimed at improving Pennsylvania's dog law. One bill would require police departments to keep a list of lost dogs picked up in their municipality and make this information available to the public, as well as create a 96-hour waiting period after officials find a dog before it can be adopted by someone else or euthanized. The other bill Kortz plans to introduce would require pets that are ordered to be destroyed to be euthanized in a safe and humane manner.
 

"I want to improve the chances of dog owners being reunited with their lost pets," Kortz said. "As the law stands now, if a dog owner is away over the weekend and, unbeknownst to them, the dog runs away, the 48-hour waiting period could go by without the person ever realizing their dog is missing, and then it may be too late."

-- Click here to read more.

Hanna bill would protect landowners' rights, secure compensation

Rep. Mike Hanna, D-Clinton/Centre, has reintroduced legislation (H.B. 2227) that would compensate property owners for surface damage caused by exploration or drilling for oil or gas. The bill would allow landowners to seek compensation from drilling companies for any structure, ground surface or vegetation damage. In order to receive reimbursement, the landowner would have to file a damage claim with the project supervisor outlining the extent of damage and the estimated cost of repair.   
 

"We're trying to protect landowners from having to absorb the costs of damages to their property when they have no say in drilling rights," Hanna said. "This bill would give them recourse if contractors fail to adequately repair drilling sites."

-- Click here to read more.

Pashinski to introduce stronger bill to monitor sales of prepaid cell phones

Rep. Eddie Day Pashinski, D-Luzerne, plans to introduce a new version of anti-crime legislation that would better monitor sales and keep a registry of people purchasing prepaid cellular telephones with cash in Pennsylvania. The legislation would require people to provide two forms of identification when they purchase three or more prepaid cell phones or when they purchase a pre-paid cell phone with cash. The bill would also require retail stores to maintain the information and provide it to state police on a quarterly basis. In addition, the new version of the bill would require retailers to treat the purchase of prepaid cell phones using gift cards, gift certificates or debit cards not linked to bank deposit accounts as cash transactions.
 

"While cell phones are a convenience to all of us, criminals have found prepaid cell phones to be invaluable because they can purchase these phones with cash and are virtually untraceable," Pashinski said. "This legislation does not limit people's ability to purchase prepaid cell phones, but it does recognize the fact that they are often used by criminals and will help the police better monitor and prevent criminal activity."

-- Click here to read more.

King bill would protect seniors from being bumped from PACE/PACENET

Rep. Chris King, D-Bucks, recently introduced legislation (H.B. 2274) to ensure that senior citizens enrolled in Pennsylvania's PACE/PACENET programs do not lose their prescription drug coverage due to Social Security cost-of-living adjustments. As of Jan. 1, seniors began receiving a COLA of 2.3 percent in their Social Security benefits. Without a legislative fix, the relatively small increase will bump some seniors just above the income limits for PACE/PACENET, jeopardizing their access to vital prescription drugs. 
 

"My proposal would guarantee that seniors currently enrolled in PACE and PACENET would remain eligible, regardless of whether the Social Security COLA tips their income above eligibility limits for the programs," King said. 

-- Click here to read more.

Shapiro unveils youth workforce initiative

Rep. Josh Shapiro, D-Montgomery, has introduced legislation that would provide a powerful tool to help create jobs for at-risk young people in Pennsylvania. Shapiro's legislation (H.B. 2196) would create a Youth Employment Incentive Tax Credit to provide businesses with tax credits in the amount of 70 percent of the business's total expenses in employing at-risk youth. The bill defines at-risk youth as young people between 14 and 21 whose median family income is less than 235 percent of the federal poverty level.
 

"The best way to get a gun out of the hand of a young person is to put a job opportunity and a paycheck within their reach," Shapiro said. "With crime rising and more than 70,000 youth in southeastern Pennsylvania unemployed and out of school, the time to act is now. My legislation is an important step in the process of empowering our youth and reclaiming our communities."

-- Click here to read more.

Biancucci proposes $100 million expansion to economic stimulus program

Rep. Vince Biancucci, D-Beaver, announced that he's introducing legislation to expand one of Pennsylvania's most successful economic stimulus programs – Business in Our Sites. Biancucci's legislation would add $100 million to the program, which the legislature established in 2003 to clean up polluted industrial sites and make them "shovel-ready" for new businesses looking to move in.

"As the national economy faces a major slowdown this year, state government must invest in our own businesses to ensure jobs are being retained and created," Biancucci explained. "A $100 million expansion for Business in Our Sites would help protect the progress we've made in Pennsylvania and pave the way for immediate new business construction."

-- Click here to read more.

Smith introduces bill to limit physical exams for fully disabled employees

Rep. Ken Smith, D-Lackawanna, has introduced legislation that would exempt fully disabled individuals from having to submit to repeated physical examination reports and expert interviews when applying for workers' compensation benefits in Pennsylvania. Smith's legislation (H.B. 2305) would allow people with full disabilities to petition a state court judge to order that they not be required to submit to repeated physical examinations or provide expert testimony once they have submitted the information initially to their employer.
 

 "As someone who is a small-business owner, I certainly understand the need to ensure that individuals receiving workers' compensation are entitled to it," Smith said. "However, my bill would eliminate the need for employees whose condition will not change to keep submitting the same workers' compensation information to employers."

-- Click here to read more.

Kessler organic farming bill would boost farmers' income, environment

Rep. David Kessler, D-Berks, has introduced legislation (H.B. 2347) that would help farmers who want to convert to organic agriculture. Participation would be entirely voluntary and the bill includes a program to reimburse producers for their transition costs and losses such as a temporary drop in yields, which would allow them to convert thousands of acres from conventional to organic farming.

"Organic food is the fastest-growing sector of the food industry and provides a net return to farmers as much as two to three times higher than for conventionally raised farm products," Kessler said. "I have visited livestock and crop farms ranging from 100 to 300 acres that switched, and once they got through the transition period, those farms became more profitable. Their profit margins went up because no-till farming uses less fuel and organic farming eliminates the need for chemicals and pesticides."

-- Click here to read more.

Smith bill would increase education funding for veterans' children

Rep. Ken Smith, D-Lackawanna, has introduced legislation that would give veterans' children more money for college under the state's Educational Gratuity Program. The Educational Gratuity Program currently provides $500 a semester to children of disabled or deceased veterans. Smith said his legislation (H.B. 2304) would increase that amount to $1,000 a semester.

"It has been 20 years since this program's grant amount has been increased," Smith said. "Our veterans have served honorably, sacrificed and given so much. We should make sure their children have the assistance they need, especially in light of increased education costs."