An update of recent legislative activity by Pennsylvania House Democrats

April 4, 2008

SIGNED INTO LAW

Governor signs Keller river dredging bill into law

Gov. Rendell has signed into law (Act 10 of 2008) a bill drafted by Rep. Bill Keller, D-Phila., that would hold the U.S. Army Corps of Engineers free from liability for \ damages arising from the Delaware River dredging project. The Delaware River Main Channel Deepening Project began with an agreement between Pennsylvania and New Jersey in May 2007. The project involves deepening the Delaware River from 40 feet to 45 feet, and requires participation by the federal government through the Army Corps of Engineers and a non-federal project sponsor. In order to get the project underway, the Philadelphia Regional Port Authority as the non-federal project sponsor must enter into a project cooperation agreement with the federal government.

"The new law created by House Bill 1691 takes care of the project agreement by allowing a hold-harmless provision for the Corps of Engineers during the project's execution," Keller said. "Essentially, this bill sets the plan into motion and will ultimately protect the Army Corps from paying damages associated with it."

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PASSED THE HOUSE

House passes DeLuca health-care bills

Two bills introduced by Rep. Tony DeLuca, D-Allegheny, addressing health care and insurance issues in Pennsylvania passed the House this week. House Bill 2098 would allow insurance companies to refuse payment to hospitals for the cost of medical infections and errors that occur at their facilities. DeLuca, chairman of the House Insurance Committee, said Medicare has already discontinued reimbursement to hospitals for the cost of medical-related infections and mistakes. The second measure, H.B. 2005, would establish fair rules for setting the insurance rates offered to small businesses rather than relying on insurance companies to determine fair pricing.

"My legislation would make hospitals take the necessary steps to cut down on patient infections and medical errors because they won't have the insurance companies to cover the cost anymore,"
DeLuca said. "It would also reduce group rate volatility and ensure that small employers could offer their employees insurance coverage without paying outrageous premium costs."

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King bill to establish energy office passes state House

Legislation introduced by Rep. Chris King, D-Bucks, to establish a cabinet-level energy office in Pennsylvania passed the House 201-2 this week. The legislation (S.S.H.B. 16) would set up an advisory council to be appointed by the governor and composed of members of the General Assembly, the business and transportation communities, public officials, and the general public. The council would provide advice and assistance to the office on energy matters affecting the state.

"Pennsylvania is becoming a leader in energy independence strategies as we are becoming increasingly aware of the need to cut our dependence on foreign oil," King said. "I'm pleased my colleagues in the House recognized that need today and voted in favor of my proposal."

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Freeman bill would update Elm Street Program, remove sunset provision

Legislation introduced by Rep. Bob Freeman, D-Northampton, that would allow the Elm Street Program to continue beyond the sunset date of 2011 passed the House this week. Currently, the program provides up to five years of financial assistance for municipalities to hire an Elm Street manager to work with local officials and community groups to establish a plan for revitalizing targeted neighborhoods. House Bill 2233 would allow Elm Street managers to continue for up to an additional five years, if necessary. The measure would also have Elm Street managers work to promote the establishment of consumer services, such as banks, grocery stores and pharmacies, in older urban residential neighborhoods.

"Elm Street has been extremely successful at stabilizing participating neighborhoods," Freeman said. "The program deserves to continue in order to help revitalize urban neighborhoods."

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House passes DePasquale-sponsored bill to expand code enforcement

Legislation sponsored by Rep. Eugene DePasquale, D-York, that would encourage municipalities to hire additional code enforcement officers by subsidizing their salaries unanimously passed the House this week.  DePasquale said the measure (H.B. 982) would create a Code Enforcement Challenge Grant program, which would provide grants of 25 percent of the salary of each additional code enforcement officer hired by a municipality for a period of three years. The program would be administered by the state Department of Community and Economic Development.

"Many communities would be able to confidently invest in refurbishing and rebuilding their main streets and downtown communities with this program," DePasquale said. "Being able to hire additional code enforcement officers ensures that while revitalization of cities takes place, buildings and other structures are still safe."

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House approves Leach amendment strengthening prison medical release law 

As the House began discussions this week on one of the bills in a prison reform package, Rep. Daylin Leach, D-Montgomery, successfully added an amendment that would ensure greater public safety and strengthen the process by which inmates are released for outside medical treatment. Under Leach's proposal, district attorneys and registered crime victims would be notified and provided an opportunity to make a statement to the court prior to any inmate medical release. It would also stipulate that patients and staff likely to come into contact with the inmate be notified once the court orders an inmate medical release.

"As the lifer population continues to balloon in Pennsylvania, more of those aging inmates are going to need access to medical treatment beyond prison walls," Leach said. "The current process by which inmates are treated is not as lucid as it should be, and that could lead to mistakes and prisoners slipping through the cracks. My measure would provide humane treatment to all inmates who need outside medical services, but protect the public and most importantly, any victim of the inmate."

-- Visit www.pahouse.com/Leach to read more.

Solobay helps to protect rights of law-abiding gun owners in times of disaster

The state House on Tuesday night adopted an amendment to firearms legislation (H.B. 1845) that is identical to a bill introduced by Rep. Tim Solobay that would protect the rights of gun owners in Pennsylvania in times of disaster or emergencies. Solobay's bill (H.B. 1145) and the amendment to H.B. 1845 would prohibit the governor from taking or confiscating lawfully possessed firearms or ammunition during a state of emergency. The legislation would also prohibit the governor from limiting the sale, dispensing or transportation of firearms during a disaster.

"There are many people in my district who enjoy hunting and target shooting," Solobay said. "My legislation and Amendment 6467 are designed to protect the rights of these law-abiding gun owners. When disaster strikes it is important for our leaders to keep a cool head and not infringe on the rights of citizens."

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COMMITTEE ACTION

Committee unanimously advances Haluska Fish & Boat Commission proposal

The state House Game and Fisheries Committee this week unanimously approved a bill introduced by Rep. Gary Haluska, D-Cambria, that would remove the ability of Fish and Boat Commission board members to enforce state fishing and boating laws. Current state law gives commission board members the same enforcement powers that trained water conservation officers have, despite their lack of training and testing. Haluska's proposal (H.B. 587) would repeal that part of the law.

"Fish and Boat Commission board members shouldn't be allowed to enforce laws without the training and expertise required of professional waterways conservation officers," Haluska explained. "That lack of training could put them -- as well as fishermen, boaters and the general public -- at risk while also creating liability issues for the state, so I'm aiming to take that power away."

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House committee approves Lentz taser bill

The House Judiciary Committee has reported out a bill (H.B. 2117) introduced by Rep. Bryan R. Lentz, D-Delaware, that would allow police officers to purchase the newest and most up-to-date tasers, which are now equipped with audio and video recorders. Lentz said a local police department contacted him after learning they could not purchase the new tasers because of their recording capability. Current state law authorizes police officers to use electronic incapacitation devices, but an existing wiretapping statute bars officers from using these devices if they are capable of recording audio or video.

"Tasers allow police officers to restrain violent individuals without killing them," Lentz said. "A police officer can 'take down' a threatening suspect without worrying that a stray bullet might kill or injure an innocent bystander. With a firearm, there generally are two outcomes: injury or loss of life. My legislation would give officers more options than that."

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Committee approves King bill to continue Rx coverage for seniors

Legislation introduced  by Rep. Chris King, D-Bucks, to ensure that senior citizens enrolled in Pennsylvania's PACE and PACENET programs do not lose their prescription drug coverage due to Social Security cost-of-living adjustments was voted unanimously out of the House Aging and Older Adult Services Committee this week. King's proposal (H.B. 2345) 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. 

"Many Pennsylvania seniors rely on PACE and PACENET for prescription drugs that are necessary to their quality of life," King said. "This legislation will allow those residents affected by the Social Security COLA to continue to receive those vital services."

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Haluska aiming to increase ATV maximum weights, boost tourism

Rep. Gary Haluska, D-Cambria, announced that the House Tourism and Recreational Development Committee has advanced his proposal to change the state's All-Terrain Vehicles law. Currently, state law defines Class 1 ATVs as weighing a maximum of 800 pounds when dry. Haluska's proposal (H.B. 2043) would change that law to increase the maximum ATV weight to 1,000 pounds.

"ATVs have grown increasingly heavy over the years, so our state requirements and limits must grow accordingly so we're not shutting out any riders," Haluska said. "By simply raising the maximum weight to 1,000 pounds, we can welcome more riders into Pennsylvania's great trails and parks, increasing tourism and recreation."

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BILL INTRODUCTIONS

DeLuca introduces anti-crime bills 

Rep. Tony DeLuca, D-Allegheny, has introduced a package of four anti-crime bills that would improve public safety and reward municipal police for their work in seizing controlled substances. DeLuca's four anti-crime bills would: Require an arresting officer to report the name of any person charged with violating drug laws to the local newspaper; make any drug-related offense by a law enforcement officer a third-degree felony; award 25 percent of the value of forfeited controlled substances to municipal police forces if they are actively involved in the obtaining the property; and mandate that law enforcement officers who test positive for a controlled substance be fired.

"My bills are community-friendly," DeLuca said. "They not only reward officers for hard work, they prevent individuals from discrediting law enforcement's reputation. Our citizens will feel safer knowing that they're being kept up to date with arrests and that the officers protecting them are fully qualified."

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Keller to introduce plan to establish 'retirement communities'

Rep. Bill Keller, D-Phila., wants to grant older Pennsylvanians the opportunity to live in their current place of residence for as long as possible. Keller is drafting a bill that would establish and support naturally occurring retirement communities so senior citizens did not have to leave their homes and live in an institutionalized setting.

"Seniors can experience a lot of anxiety and discomfort when they can no longer care for themselves and have to move into a hospital or care center," Keller said. "It is my hope that with this legislation we will be able to bring the care to them by establishing these naturally occurring retirement communities."

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Gibbons introduces legislation to aid in prostate cancer research

Rep. Jaret Gibbons, D-Lawrence/Beaver/Butler, recently introduced legislation to create a Prostate Cancer Education and Prevention Check-off program, which would enable residents to donate funds through their state income tax returns. Gibbons said his legislation (H.B. 2391) would add a space to the Pennsylvania individual income tax return where residents could voluntarily donate a portion of their refund to prostate cancer research and education. The state already has a similar check-off program for breast and cervical cancer research.

"Prostate cancer is the second-deadliest cancer for men to have," Gibbons said. "Since one in six men will be diagnosed with prostate cancer, it's important that we invest more in early detection and education programs. My bill would allow citizens to help that effort."

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Hanna introduces bill to revamp governing board of state Game Commission

Rep. Mike Hanna, D-Clinton/Centre, has introduced legislation that would reorganize the Pennsylvania Game Commission's board of directors. House Bill 2381 would prohibit former Game Commission employees or deputy conservation officers from serving on the board. It would also require the board to take into account the possible social, economic and recreational impact of its decisions.

"It's obvious the current board is out of touch with the general public," Hanna said. "We need a different perspective on wildlife management and other issues from the people who have a direct stake in the outcome."

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Josephs introduces measures to exempt nonprofit car-sharing organizations from the state sales tax

As energy prices continue to rise and the state works on reducing Pennsylvania's dependence on Middle East oil, Rep. Babette Josephs, D-Phila., has introduced related legislation with an incentive to put fewer cars on the roads. Josephs has introduced two bills (H.Bs. 2409 and 2411) that would exempt from the state sales and county rental tax nonprofit car-sharing rental organizations and services.

"Current gasoline prices nearing $3.50 a gallon and diesel fuel topping $4 are just some of the reasons why there is a real need for alternative-energy solutions," Josephs said. "Concern for the air we breathe is another. By encouraging the use of such car rental organizations as PhillyCarShare and other similar entities, we can reduce congestion, parking problems and pollution."

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Grucela bill would eliminate excessive testing for teachers in Pa.

Rep. Richard Grucela, D-Northampton, introduced a bill (H.B. 2427) this week that would eliminate burdensome teacher certification requirements in Pennsylvania and direct more attention to their performance at the chalk board. The bill would grant Pennsylvania teaching certification to individuals certified to teach in other states without requiring that they complete any additional teacher testing; remove the five-year expiration date on tests that may require a person to re-take the tests he or she has already passed; and exempt anyone who maintains a grade point average of 3.25 or above in their major content field from any and all teacher tests required by the Department of Education.

"Pennsylvania is already known for being one of the toughest states to receive teaching certification, so why force talented and passionate teachers out of the classroom when they have already proven themselves effective," Grucela said. "I believe too much weight is put into standardized tests and not enough on ability to get through to students. Some people may do very well on paper, but fail horribly in the classroom."