An update of recent legislative activity by Pennsylvania House Democrats

May 16, 2008

PASSED THE HOUSE AND SENATE

Santoni patient safety bills will become law  

Legislation introduced by Rep. Dante Santoni, D-Berks, that would better protect patients undergoing long and difficult surgeries has cleared the House and Senate and is now poised to become law. House Bills 500 and 501 would require perfusionists to be licensed in Pennsylvania and added to the state Board of Medicine and state Board of Osteopathic Medicine. Perfusionists are the medical professionals who monitor and analyze heart-lung machines during complicated procedures such as open heart surgery and live-donor organ transplants.

"My legislation attempts to protect patients in the operating room while distinguishing the medical professionals who have gone through the necessary training and follow the rules as they practice their profession," Santoni said. "Perfusionists are a critical part of many life-saving procedures, literally keeping patients alive as doctors do their work. As the demand for perfusionists rises, so does the need for Pennsylvania to update its laws to reflect their role in our health-care system."

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PASSED THE HOUSE

Improved coal mine safety addressed by state House

Ensuring the safety of Pennsylvania's coal miners is the focus of legislation that passed the state House this week, according to Democratic Leader Bill DeWeese. DeWeese said Senate Bill 949, as passed by the Senate, contained many advancements in coal mine health and safety; however, it lacked the language necessary to offer miners the best protections possible. As amended by the House, the improved legislation would require a pre-operational check of trailing cables, provide walk-around rights for the representative of miners, provide more stringent qualifications for certification, require a mine examination to be conducted three hours before the start of any shift and require miner transport systems to be maintained within 500 feet of the working face of the mine. Generally, S.B. 949 would create a Coal Mine Safety Board to promulgate regulations and continually review and recommend the use of new mine safety technologies, provide the specifications of emergency shelter chambers in bituminous underground mines, better ensure the availability and transfer of maps to the DEP, bring state law more in line with federal standards and require greater responsibility of mine operators to ensure safety.

"It has been more than 40 years since those who toil within the earth's recesses have had improvements made to the law which governs their daily safety," DeWeese said. "Since the Bituminous Coal Mine Act was last updated in 1961, the mining industry has changed immensely. These operations employ state-of-the-art equipment and technology that was never conceived as possible by the authors of the 1961 law. The legislature's intent should be to provide the hardworking miners of the Commonwealth with the best mine safety law in the nation."

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Bill for better treatment of Pa. seniors advances

By a vote of 199-0, the House has passed a bill crafted by Rep. Frank Andrews Shimkus that would protect seniors in long-term care facilities. House Bill 2114 would require attending and primary physicians to disclose to prospective and current residents or their legal representatives any financial or ownership interest they have in a long-term care facility. Residents would have the right either to choose to keep their doctor, move to another facility or change primary care physicians.

"Our ill seniors can't slip through the cracks," Shimkus said. "They can't wind up in a bed without medical care. And anyone who maliciously ignores or doesn't care for them, that's equivalent to elder abuse."

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House passes Smith's long-term patient safety bill

The Pennsylvania House of Representatives has passed legislation introduced by Rep. Ken Smith, D-Lackawanna, that would help to further protect patients in long-term care facilities in Pennsylvania. Smith said current law only requires facilities to report suspected abuse. His bill (H.B. 2109) would also require long-term care facility employees and administrators to report cases of neglect if the neglect results in serious physical injury or is life threatening. These reports would have to be made within 48 hours to local area agencies on aging. The bill also would require employees and administrators to report neglect cases within 24 hours to the county coroner if they result in a patient's death. The county coroner would set penalties for employees or administrators that fail to report these incidents.

"I want to make sure that patients, in the twilight of their lives, have dignity and comfort when they are in long-term care facilities," Smith said.

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DePasquale-sponsored product recall measure passes state House

Legislation introduced by Rep. Eugene DePasquale, D-York, that would strengthen Pennsylvania's consumer protection laws by targeting unsafe and recalled products unanimously passed the state House this week. The bill (H.B. 2087) would require the state attorney general to establish and maintain a Web page that would provide links to lists of all national agencies that deal with consumer product safety and product recalls. The products identified by any of these lists would be restricted from sale or commerce within Pennsylvania.

"My legislation does two important things," DePasquale said. "First, it is critical that we provide individuals and families with access to information that will help them better protect themselves and their children from unsafe products. And secondly, we need to make sure that these products are taken off the shelves and not reintroduced into the consumer market. It's a common-sense bill and I am pleased that it received significant support from my colleagues in the state House."

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House passes Biancucci's proposed $100 million expansion of economic stimulus initiative

The state House this week overwhelmingly passed a bill sponsored by Rep. Vince Biancucci, D-Beaver, that would expand one of Pennsylvania's premier economic stimulus initiatives – Business in Our Sites. Biancucci's proposal (H.B. 2353) would expand the program by $100 million to launch many new projects currently on a waiting list maintained by the state Department of Community and Economic Development.

"My legislation would add $100 million to the Business in Our Sites initiative to protect and build on the progress we've made cleaning up our environment and paving the way for new business and jobs," Biancucci explained.

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Seip wins House passage of his bills to ban 'spot appeals' of assessments

Rep. Tim Seip this week won House passage of two bills that would ban "spot appeals" of assessments. The bills (H.B.s 1438 and 1439) would ban the practice, which is a growing concern in Seip's district. At Seip's request, the House Local Government Committee held a hearing on the bills in February at Penn State Schuylkill Campus in Schuylkill Haven. The committee heard testimony from an affected property owner from the area and experts on the issue.

"These spot appeals are initiated only because a property is sold, despite the fact that a similar or identical property nearby may continue to be taxed at a lower rate," Seip said. "Singling out individual homeowners like that is wrong. I hope the Senate will join the House in passing these bills so they can go to the governor's desk."

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COMMITTEE ACTION

Goodman bill would throw out future landfill applications that are near water

The House Environmental Resources and Energy Committee has reported out legislation that would increase protection for state watersheds to keep them from being contaminated by landfill pollutants. The bill (H.B. 1242), introduced by Rep. Neal P. Goodman, D-Schuylkill, would prohibit new municipal or residual waste landfills from being located within 2,500 feet of a watershed and would establish that an existing landfill must assume responsibility for damages when it is within 2,500 feet of a water supply.

"We cannot allow Pennsylvania to be a dumping ground for trash and not expect a detrimental impact on our environment, especially if the landfills border our water supply," Goodman said. "This has been an ongoing problem in Pennsylvania and I hope that we can get this measure to the House floor quickly for an affirmative vote."

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Roebuck's dropout-prevention bill advances to full House

The House Education Committee this week approved a bill proposed by the committee's chairman, Rep. James Roebuck, D-Phila., aimed at preventing high school dropouts. Roebuck's bill (H.B. 2466) would establish an Office for Dropout Prevention and Data Collection under the Pennsylvania Department of Education. The office would be responsible for implementing a high-quality, detailed data-collection and reporting system for dropout and graduation rates in all public school districts.

 "In recent years, Pennsylvania has made great strides toward ensuring a quality education for its students through proven strategies, but we must also focus on improving our efforts to make sure every student graduates high school prepared for college or the work force," Roebuck said. "Our current data-collection system needs to be improved so we can more effectively target additional resources and support to prevent students from dropping out."

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BILL INTRODUCTIONS

Casorio legislation tackles Pennsylvania 'puppy mills'

Rep. James E. Casorio Jr., D-Westmoreland, introduced legislation this week that would establish minimum standards for the safety, health and care of dogs raised by and housed at commercial kennels in Pennsylvania. Casorio's legislation (H.B. 2525) would make clear distinctions between commercial kennels and other types of dog breeding and care facilities. For commercial kennels, the bill would put in place specific standards of care and protection for dogs, including provisions to ensure that dogs are protected from injury and inclement weather; are housed in clean, adequately sized and heated enclosures; and that kennels are equipped with smoke alarms and fire extinguishers. Even better standards would be required for dogs older than 12 weeks, including more floor space in each primary enclosure, access to an exercise area, a prohibition on the stacking of enclosures and enclosures with wire flooring, and a requirement that dogs receive an annual exam by a veterinarian.

"Pennsylvania has become notorious for its 'puppy mills,'" Casorio said. "Our current dog law does not enable the state to address the longstanding problems at these commercial kennels. My legislation would strike a balance between protecting the dogs at large-scale breeding operations while ensuring that people who raise and breed dogs for show, sport and other purposes are not adversely impacted."

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Caltagirone unveils bill to protect Pa.'s dogs from painful surgeries

At a rally on the state Capitol steps this week, Rep. Thomas Caltagirone, D-Berks, joined a bipartisan group of House members and senators, and a throng of supporters and their dogs, to unveil his legislation to strengthen the state's animal cruelty law and back several other bills aimed at protecting Pennsylvania's dogs. Caltagirone's bill (H.B. 2532) would prohibit dog owners from performing tail docking on dogs more than 3 days old, debarking (cutting or destroying a dog's vocal cords) and cesarean sections, and instead require the procedures be performed by a licensed veterinarian. Currently, owners and breeders, with no formal training, are within the scope of the law to conduct the procedures.

"Without getting into graphic detail about how horribly these surgeries can go awry, the fact is that they often are performed outside of the recommended time frame of three days without anesthesia or proper sanitation," said Caltagirone, chairman of the House Judiciary Committee. "As a result, thousands of dogs have died, suffered from serious pain, infection or been euthanized due to behavioral changes. I agree that pet owners and breeders know what is best for their dogs. Knowing what's best should include using common sense and leaving serious surgeries to the experts."

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Siptroth introduces legislation to help animal shelters

Rep. John Siptroth, D-Monroe/Pike, has introduced legislation (H.B. 2447) to assist organizations such as animal shelters and humane societies to pay for the services they offer. The bill would provide financial assistance to animal shelters by using revenues from dog license purchases, which would be increased by $2.50.

"Many shelters in Pennsylvania are facing tremendous financial difficulties in providing a very valuable community service," Siptroth said. "I have previously supported small grants for the Pike County Humane Society, but a dedicated funding stream is essential to its long-term survival."

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Cohen bill would ease school transfers for military children    

Children of military families would have an easier time transferring among school districts in Pennsylvania and in other states under legislation that will soon be introduced by Rep. Mark Cohen, D-Phila. Cohen's bill would have Pennsylvania join the Interstate Compact on Education Opportunity for Military Children. The compact, which was created by the Council of State Governments, is meant to help solve common problems military children experience in school as a result of frequent moves and deployments.

"Military families on average move six to nine times between the time their children start kindergarten and graduate high school," Cohen said. "This compact is a very sensible idea that recognizes this fact and takes the necessary steps to make sure military children are afforded the same opportunities for educational success and extracurricular activity as children who live in the same home and school district their entire lives."

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Kortz calls for ballot referendum on constitutional convention

Rep. Bill Kortz, D-Allegheny, has drafted legislation that would place a non-binding referendum on the ballot for the Nov. 4 general election concerning additional government reform. The referendum would ask Pennsylvania voters whether they would like the General Assembly to pass legislation that would convene a limited constitutional convention to examine restructuring and functioning of the General Assembly. The proposal is currently circulating in the House of Representatives.

"The issue of reform in our General Assembly is extremely important to me and many voters across the Commonwealth," Kortz said. "Allowing the electorate to express their intentions through a non-binding referendum would serve and strengthen our democracy."

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Gergely reintroduces bill to crack down on gas theft

Rep. Marc Gergely has reintroduced legislation to suspend driving privileges for people who steal gasoline. His bill (H.B. 998) would impose a 30-day driver's license suspension for a first offense and a 60-day license suspension for a second offense. Third and subsequent offenses would be punishable by a six-month loss of driving privileges.

"Consumers are paying 20 percent more at the pump than they did this time last year," said Gergely, D-Allegheny. "The law is too loose right now and for some people, the penalties they could face for stealing fuel make it seem worth the risk when compared to soaring gas prices."

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Josephs: Pa. should have a constitutional amendment to guarantee voter rights

In the wake of a recent U.S. Supreme Court ruling that upheld the constitutionality of another state's voter ID provision, Rep. Babette Josephs, D-Phila., is planning to introduce a bill that would protect Pennsylvania voters from having to show photo identification in order to cast a vote. Josephs said her proposed constitutional amendment would allow the photo ID requirement for first-time voters as required by the Help America Vote Act, because her amendment would be preempted by the federal law. However, she said requiring photo ID from everyone would disfranchise voters, especially the state's elderly, minority, urban and poor populations.

"Although the U.S. Supreme Court recently upheld the constitutionality of Indiana's voter ID provision, it did not say that a state had to have such a requirement or that a state is barred from prohibiting it," Josephs said. "Our right to vote is one of our most sacred rights in this country and nothing should be used to deny citizens the right to vote."

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Grucela introduces bill to modernize state record-keeping   

Rep. Richard Grucela, D-Northampton, has introduced legislation that would modernize the 100-plus year process by which the Pennsylvania Department of Health's Division of Vital Records manages birth and death certificate records. Grucela said the process is rapidly becoming obsolete and is cumbersome. The legislation (H.B. 2543) would transfer existing and future birth and death certificate records into electronic databases, allowing the Division of Vital Records to process records and requests electronically rather than relying on what is still predominantly a manual process.

"Technology has transformed what we thought not possible over the past 10 years, let alone 100 years," Grucela said. "Modernization would give the Division of Vital Records and other government agencies significantly greater access to and use of the mountain of data contained in those records than is possible under the current system and statute."

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King bill would return unused legislative funds

Rep. Chris King, D-Bucks, has introduced legislation (H.B. 2538) that would require the General Assembly to return to the state treasury all unspent appropriations at the end of every fiscal year, excluding 25 percent of its annual operating expenses for the most recent fiscal year. The extra revenue would be added to a property tax relief fund.

"Every agency and branch of state government returns its unspent tax dollars except the General Assembly," King said. "It's time for that preferential treatment to end. My bill will send a message to taxpayers that we intend to follow the same rules that apply to all other aspects of state government."

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Telemedicine reimbursements would lower health-care costs        

Rep. Mark Cohen, D-Phila., has introduced legislation (H.B. 2545) that would require the state's Medical Assistance program to reimburse telemedicine services to Medical Assistance patients at Medicaid rates. Telemedicine allows patients to visit with physicians live over the Internet and makes it possible for physicians to capture and send video, still images or other data to specialists for diagnosis or follow-up treatment, rather than physically sending the patient to the specialist through referral.

"These services cost less than office visits and are generally used when office visits are deemed unnecessary," Cohen said. "Telemedicine lowers health-care costs, is more convenient to patients by saving travel time and gas money, and allows providers to handle more patients."