An update of recent legislative activity by Pennsylvania House Democrats

April 11, 2008

PASSED THE HOUSE

House passes Caltagirone medical support bill

The House has passed legislation, introduced by House Judiciary Committee Chairman Tom Caltagirone, D-Berks, that would enhance the Pennsylvania Child Support Enforcement Program by requiring that either or both of the parents in custody cases provide health insurance for their child. The bill (H.B. 2252) would put Pennsylvania in compliance with federal law and position the state to better assist child support cases involving Pennsylvania's low-income families.

"We've seen cases where after child support payments are determined, parents bicker over who will pay for doctor visits and medicine," Caltagirone said. "The issue is left unresolved, leaving the children without any coverage or care. My bill would put a stop to any inaction by holding parents accountable for providing health insurance."

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Sabatina bill strengthening penalty for possessing guns with altered serial numbers passes House

Rep. John Sabatina, D-Phila., said legislation he sponsored (H.B. 1845) that would strengthen the penalty for possessing a firearm with an altered serial number overwhelmingly has passed the House. Currently, altering or removing a firearm's serial number is a second-degree felony, which carries a maximum fine of $25,000 and up to 10 years in prison. Possessing a gun with an altered serial number is only a first-degree misdemeanor. Under H.B. 1845, possessing an altered gun would also be classified as a second-degree felony. A conviction of false statements made in connection with the transfer or sale of a firearm would result in a third-degree felony.

"This is the first meaningful legislation regarding the restriction of illegal firearms to pass the House in decades," Sabatina said. "We need to continue advancing these types of bills to catch criminals and improve safety for Pennsylvania residents."

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Caltagirone prison reform bill passes House

The House this week passed legislation, authored by Rep. Tom Caltagirone, D-Berks, that would update the current law governing the treatment of seriously and terminally ill prison inmates. The bill (H.B. 7) was one of a package of bills aimed at reforming the state's prisons. It would improve the process of transferring ailing inmates by establishing a petitioning process where the Department of Corrections or the chief administrator of a county jail could petition the sentencing court for permission to place the inmates into hospitals, nursing homes or hospices, depending on their medical care needs.

"The purpose of this legislation is to improve current procedures in handling the medical treatment of inmates," Caltagirone said.

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House passes Daley mortgage reform bill

The state House this week passed legislation (H.B. 2179), sponsored by House Commerce Committee Chairman Peter J. Daley, that would streamline the licensure and administrative process for mortgage brokers and bankers by creating a single license and creating a new licensure category for all mortgage originators, regardless of the type of lending involved. 

"Just like the corner barber, commercial truck driver or dozens of other professions who work with the public trust, the professionals who make what is the most important financial transaction of most people's lives should be examined, trained, professional and accountable," Daley said. "Everyone who makes a mortgage loan in Pennsylvania should play by the same rules and the Banking Department should be able to check their backgrounds, ensure their understanding of the law, and have tools available to sanction misconduct."

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Pa. House moves forward with plan to protect homeowners from mortgage foreclosures

Rep. Mark Longietti, D-Mercer, said the Pennsylvania House of Representatives has passed legislation (H.B. 1081) he introduced that would help crack down on fraudulent home appraisals, which many financial experts believe have played a major role in the current mortgage crisis. The proposal would provide additional reasons for denying, suspending or revoking an appraiser's certificate in Pennsylvania, including: denying a certificate if the applicant had his or her right to practice suspended or revoked by a government agency, or if an appraiser had been found guilty of involvement in a fraudulent appraisal.

"Based on statistics from 2006, many Wall Street and financial experts believe that mortgage fraud could total a record $4.5 billion, nearly a 100 percent increase from 2005," Longietti said. "It 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. These schemes would not have worked if not for the willingness of certain unscrupulous appraisers to inflate the value 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, which is especially important to border communities like Mercer County."

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House gives unanimous 'thumbs up' to McGeehan mortgage reform bill

The state House this week voted unanimously to send to the Senate a bill, sponsored by Rep. Mike McGeehan, D-Phila., that would give the public access to information about unscrupulous mortgage lenders. The bill (H.B. 1082) would allow the Banking Department to publicize an order or fine that is issued against a mortgage lender as soon as it is issued. Currently, the department is prohibited from releasing information until all administrative and court appeals are exhausted, which can be an extended process. The delay allows potentially unethical brokers to continue victimizing more consumers in the interim.

"The language of my bill has been agreed to by bankers, credit unions and the Banking Department to ensure that it maximizes consumer protection," McGeehan said. "I introduced this legislation nearly a year ago and, unfortunately, the recent headlines about unethical and ill-advised mortgage practices have further proven the need for us to ensure that homebuyers don't get taken advantage of."

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White bill to stem mortgage foreclosures passes House

Rep. Jesse White, D-Washington/Allegheny/Beaver, said legislation he sponsored that would help protect homeowners from mortgage foreclosures passed unanimously in the House this week. White's bill (H.B. 1083) would extend the stay on mortgage foreclosures when homeowners appeal the denial of assistance through the state's Homeowner Emergency Mortgage Assistance Program. Specifically, the legislation would require lenders to put a hold on any foreclosure proceedings until the homeowner has appealed the PHFA rejection and has again been denied assistance. 

"As a practicing attorney, I've seen many unfortunate foreclosure and bankruptcy situations in which people lose their homes," White said. "My legislation would help ensure that the homeowner has a fair chance at keeping his or her home during the appeal process."

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House passes Rep. Matt Smith's plan to protect more homeowners from mortgage refinance penalties

The state House has overwhelmingly passed a bill, sponsored by Rep. Matt Smith, D-Allegheny, that would protect more Pennsylvania homeowners from penalties and other fees associated with refinancing their mortgages. Smith's bill (H.B. 1084) would update the outdated $50,000 limit on loan amounts under which lenders are prohibited from charging penalties for refinancing to a more realistic $197,000,  based on inflation. House Bill 1084 would also give the state Banking Department subpoena power to effectively investigate reports of fraudulent and improper mortgage loans.

 "With today's housing market slump, we need to be protecting homeowners from unfair lenders," Smith explained. "One way we can do that is by revising an outdated state law that was supposed to protect borrowers, but is now so old that it's actually working in favor of the mortgage industry. We also need to give the state Banking Department -- the experts -- the legal power to investigate and fight unfair lenders."

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House passes bill putting essential state law enforcement officials on equal ground

The state House this week passed legislation (H.B. 1761), introduced by House Labor Relations Committee Chairman Robert E. Belfanti Jr., D-Northumberland/Montour/Columbia, that would provide a limited form of binding arbitration to resolve collective bargaining impasses involving state probation and parole officers, Liquor Control Board enforcement agents and state narcotics investigators. Belfanti said the state employees covered by the bill would still have the right to form homogenous collective bargaining units -- bargaining units that contain only employees with similar duties.

"Prison guards, guards at mental health facilities, court employees and state police who are considered 'essential' under state law already have their labor disputes resolved through binding arbitration," Belfanti said. "This bill would add 400 probation officers and parole agents, 140 liquor enforcement agents and 120 attorney general narcotics agents to that list. In exchange for this benefit, these officers would give up their right to strike and would be considered 'essential' law enforcement officials, as well."

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COMMITTEE ACTION

Seip bills to ban controversial 'spot' assessments headed to full House

Rep. Tim Seip, D-Schuylkill/Berks, said House committees voted recently to approve three bills he introduced, advancing them to the full House of Representatives. Two of the bills (H.B.s 1438 and 1439) would ban "spot" real estate assessments. Seip's other bill (H.B. 2035) heading to the full House would establish a $5 million Heritage Area Program to protect, enhance and promote Pennsylvania's historic, recreational, natural, cultural and scenic resources, and to stimulate economic development.

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Conklin amendment strengthens mine-safety proposal

Centre County Rep. Scott Conklin and members of the House Environmental Resources and Energy Committee endorsed a proposal (S.B. 949) this week that would significantly update the state's mine-safety law. An amendment to the legislation added by Conklin would make safety a priority by requiring mines to have at least two intake outlets to the surface from every coal seam being mined, and restrict mine access when a potentially dangerous condition becomes apparent. In addition, the amendment would broaden definitions so that more miners and mine employees are protected under the state's mine-safety law, and tighten regulations regarding transportation for exiting mines and certification requirements for mine foremen, examiners and electricians.

"It has been almost five decades since Pennsylvania has significantly dealt with mine safety and has made a commitment to updating and upgrading its law that protects miners," Conklin said. "My amendment adds weight to the Senate measure and shows that we are serious about keeping our miners, our mines and our mining communities safe."

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Josephs, King bill to eliminate lame duck sessions voted out of committee 

Reps. Babette Josephs, D-Phila., and Chris King, D-Bucks, announced that legislation they introduced has been voted out of the House State Government Committee. The bill (H.B. 1652) would change the state constitution so that the end of the two-year legislative session would fall before the November general election, thereby eliminating "lame-duck" sessions.

"There is no doubt that lame-duck sessions can create abuse of the legislative process, and this measure would prevent lawmakers from waiting until that time of year to address controversial issues with the intent of avoiding accountability from their voters," Josephs said.

"Lame-duck voting is an antiquated practice that ought to be ended," King said.

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Freeman bill approved by House Local Government Committee

The state House Local Government Committee this week approved a measure, sponsored by Rep. Bob Freeman, D-Northampton, that would provide state funding to municipalities to compensate them for high levels of tax-exempt property. House Bill 2018 would be funded by dedicating revenue generated by the 18 percent Johnstown Flood Tax. Under the amended proposal, any Pennsylvania municipality that imposes property taxes and has 15 percent or more of the total market value of properties within its borders labeled tax-exempt would qualify for compensation. The Johnstown Flood Tax, enacted by the state legislature in 1936 to provide financial relief to victims of flooding in Johnstown, is levied on the sale of wine and liquors. It was intended to be temporary, but now provides the state with approximately $240 million in annual revenue.

"These municipalities are at a fiscal disadvantage, which makes them unable to sustain essential services within their communities," Freeman said. "Municipalities with a high percentage of tax-exempt properties are operating on an eroding tax base, and this measure would help these municipalities create some fiscal stability, taking some pressure off of existing taxpayers in the community who are currently carrying a large portion of that burden."

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BILL INTRODUCTIONS

Shimkus working to help more teens get a jump on college

In an effort to help more students take college courses while still in high school, Rep. Frank Andrews Shimkus, D-Lackawanna, has introduced legislation (H.B. 2430) that would increase the money available in the state budget for schools to expand dual enrollment programs. Dual enrollment programs allow high school students to take college-level courses while still in high school.

"The benefit of high school students taking college courses is that it keeps their interest in education and allows them to get a taste of college life," Shimkus said. "And most importantly, if Pennsylvania invests in our brightest students, we might see some of these kids stay in Pennsylvania after they graduate from college, helping to plug the brain drain."

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King bill would give independents, non-party voters a say in state primary 

Rep. Chris King, D-Bucks, has introduced legislation (H.B. 2462) that would allow Pennsylvanians registered as independents and non-party voters to vote in state primary elections. King said that under his bill, third-party voters would still need to select which party ballot to vote on in the primary.

"This year's presidential primary race has influenced an increased level of registered voters in Pennsylvania," King said. "Not all of our voters are registered in one of the two major parties. My bill would make it easier for all Pennsylvanians to vote and give many more voters the chance to have their voices heard in primaries."