An update of recent legislative activity by Pennsylvania House Democrats

June 13, 2008

SIGNED INTO LAW

Santoni patient safety bills now law 

Legislation introduced by Rep. Dante Santoni, D-Berks, to better protect patients undergoing long and difficult surgeries has been signed into law. Gov. Ed Rendell this week signed Santoni's H.B.s 500 and 501, which 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.

"This new law will 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. This new law reflects their vital role in our health-care system."

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Freeman's Appalachian Trail protection measure signed by governor

Gov. Ed Rendell signed legislation this week introduced by Rep. Bob Freeman, D-Northampton, that ensures Pennsylvania's portion of the Appalachian Trail is protected from inappropriate forms of development. The bill (H.B. 1281) requires municipalities that contain portions of the Appalachian Trail to adopt, implement and enforce zoning ordinances as part of their responsibility to protect the trail.

"My legislation protects the Appalachian Trail from inappropriate forms of development that could detract from the trail's natural beauty," Freeman said. "The Appalachian Trail is one of Pennsylvania's great natural assets, and this bill guarantees it is protected for present and future generations to enjoy in its pristine state."

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PASSED THE HOUSE

House passes Lentz legislation targeting unfair employer practices

Employers would no longer be able to misclassify their workers as independent contractors to avoid paying state and federal taxes and workers' compensation premiums under legislation the House passed Monday. The bill (H.B. 2400), introduced by Rep. Bryan Lentz, D-Delaware, would establish that individuals who perform services in the construction or commercial carrier industries are employees of the party that pays their wages unless it can be  shown to the satisfaction of the Department of Labor and Industry that they have been and will continue to be free from the direction and control of their employer; that the service performed is outside the usual course of the business of the employer; and that they are customarily engaged in an independently established trade, occupation, profession or business.

"Misclassifying employees as independent contractors is a tax-evasion strategy," Lentz said. "Until we impose harsh penalties on the practice, workers and law-abiding employers will continue to get cheated. When we allow some unscrupulous employers to avoid responsibility to their workers, we allow them to gain a competitive advantage over the vast majority of employers who do play by the rules and who do treat their employees fairly."

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House passes Frankel bill to reduce mortgage insurance costs

The House of Representatives has passed a bill introduced by Rep. Dan Frankel, D-Allegheny, that could save money for many current and future homeowners on their mortgage insurance bills. Frankel's bill (H.B. 2428) would ban mortgage lenders from requiring homebuyers or current homeowners to obtain property insurance coverage that exceeds the replacement value of the home, buildings and structures for which the loan has been secured. Additionally, lenders could not require borrowers to insure the value of the land. The bill would apply only to owner-occupied residences.

"I introduced this bill because some lenders expect borrowers to insure the property for the full loan value, which can be higher than the replacement value of the dwelling and other buildings on the property," Frankel said. "My bill would help to protect homeowners from paying for more insurance than they actually need."

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House passes bill to retool Pa.'s tourism funding law

Legislation passed by the state House this week would revamp Pennsylvania's 47-year-old tourism promotion law to reflect the reality of today's tourism promotion efforts, said the bill's sponsor, Rep. Tom Tangretti, D-Westmoreland. Under the bill (H.B. 2302), the two current state tourism funding streams would be merged into one, and by 2010, state tourism funding would be split evenly between regional tourism marketing partnerships and local tourism promotion agencies. Local tourism promotion agencies would receive state grants on a competitive basis and, for the first time, the law would have specific provisions governing the use of regional tourism funding. In addition, the bill would limit funding for any one local tourism promotion agency to not more than 30 percent of the total state funding for local agencies.

"Tourism promotion has changed in the past 50 years," Tangretti said. "Pennsylvania needs an updated tourism promotion law that reflects those changes, such as the growth of regional tourism and the addition of hotel tax revenues to the local tourism funding stream. This legislation would ensure that Pennsylvania taxpayers are getting more bang for their buck when the state invests their money in tourism promotion efforts, and that all areas of the state are benefiting from Pennsylvania's investment in tourism promotion." 

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SENATE ACTION

Pashinski scrap metal bill approved by Senate committee

Rep. Eddie Day Pashinski, D-Luzerne, said the Senate Environmental Resources and Energy Committee has approved his bill that would develop a registry for scrap metal sellers in Pennsylvania, and also penalize people who steal scrap metal from residential and construction sites. Pashinski introduced the legislation (H.B. 1742) because of the increased number of scrap metal thefts at locations in his legislative district and across the state.

"Because of the high price of scrap metal, thieves have even invaded the sanctity of cemeteries by ripping off veterans' markers," Pashinski said. "My bill would attempt to curtail these senseless robberies."

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COMMITTEE ACTION

Appropriations Committee amends budget bill

The state House Appropriations Committee, chaired by Rep. Dwight Evans, D-Phila., has amended Gov. Ed Rendell's 2008-09 budget proposal by restoring $147 million to programs that historically are funded by the state. Farmers, emergency responders, small business owners, museums, teachers, health-care advocates, the Civil Air Patrol, veterans' organizations and public television stations are among those that would see their funding restored. The amendment passed by a vote of 21 to 13. With the committee's action, the bill (H.B. 2380) is poised to move to the floor for debate the week of June 23 if necessary.

"Governor Rendell's proposal gave us a starting point, but our amendment reflects the priorities of House members from both sides of the aisle," said Evans, who sponsored the budget bill. "This is a difficult budget year for all of us. Even so, it's important we continue our investments in the people, programs and policies that will move Pennsylvania forward."

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McIlvaine Smith bill increasing special education funding moving forward in the House

Legislation introduced by Rep. Barb McIlvaine Smith, D-Chester, that would increase state funding for special education was approved by the House Education Committee this week. House Bill 2440 proposes a 3 percent, or $30 million, increase in special education funding for all of Pennsylvania's 501 school districts in the 2008-09 budget, for a total of $1.04 million.

"When children with special needs are given every opportunity to learn and grow in school, there is a better chance they will become active, productive members of their communities," McIlvaine Smith said.

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Harkins' budget education bill sent to full House

Legislation introduced by Rep. Pat Harkins that would ensure the state's public school districts are reimbursed for charter school tuition costs in 2008-09, as they have been in previous years, was unanimously approved this week by the House Education Committee. Under Harkins' bill, (H.B. 2479), public school districts would be reimbursed 30 percent of the cost of enrollment for children to attend charter and cyber charter schools. Harkins said the bill also would continue to reimburse school districts at a 32 percent rate when those districts spend more than $1 million annually on charter school tuition, or have a higher concentration of charter school enrollment.

"This bill is an important education funding component of the budget because it will ensure that our school districts are reimbursed for charter school enrollment," Harkins said. "Any student can attend the charter or cyber charter school of their choice within the state. Footing the bill for students who attend these schools can eat into school district budgets, so this state reimbursement is important."

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Shimkus' effort to help high schoolers get a jump on college moving forward

A bill introduced by Rep. Frank Andrews Shimkus, D-Lackawanna, that would increase the money available in the state budget for schools to expand their dual enrollment programs was approved by the House Education Committee this week. Under H.B. 2430, state funds available for dual enrollment would increase by $2 million to $12 million in the 2008-09 budget. Public schools' share of the dual enrollment money for early college, middle college, high school and gateway programs would increase from 6 percent to 10 percent, allowing schools to include more students in the programs.

"Dual enrollment allows our brightest and most talented students to take college-level courses while they're still in high school," Shimkus said. "Giving these kids a taste of college could not only encourage them to get a degree but also saves them money because they start college with a few credits already under their belts."

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Wagner's $275 million block grant bill approved by committee

The House Education Committee has approved a bill sponsored by Rep. Chelsa Wagner, D-Allegheny, that would provide school districts with $275 million under the Accountability Block Grant program within the proposed 2008-09 state education budget. After the General Assembly established the program in 2004 with $200 million to provide grants to school districts, lawmakers steadily increased the state's investment in the program. With Wagner's bill, as proposed by the governor, the 2008-09 budget would continue the state's $275 million investment.

"The Accountability Block Grant program has been an important part of Pennsylvania's strategy to increase its commitment to our students and our schools," Wagner said. "With 501 school districts in Pennsylvania, no two are facing exactly the same issues and challenges. With these grants, we offer every single school district the ability to focus the additional resources toward its unique needs, all geared toward helping students reach their full potential in school and in life."

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Grucela bill would allow schools to target areas where students need help

The House Education Committee has reported out a key component of the 2008-09 education budget that would fund tutoring services and other programs to boost student performance. Rep. Richard Grucela, D-Northampton, the bill's prime sponsor, said the legislation (H.B. 2442) would continue funding the Educational Assistance Program, which aims to help students who have failed to achieve adequate standards on the Pennsylvania System of School Assessment or other approved tests.

"The Educational Assistance Program was created in 2003 to help Pennsylvania students reach increased standards in reading and mathematics set under the No Child Left Behind Act," Grucela said. "The program has been extremely successful in strengthening student skills in the core academic subjects."

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House Commerce Committee moves forward on mortgage reform bills

The House Commerce Committee, chaired by Rep. Pete Daley, D-Fayette/Washington, has voted unanimously in favor of three Senate bills intended to reform mortgage lending practices in Pennsylvania. The bills (S.B. 483, S.B. 484, S.B. 486) approved by the Commerce Committee this week would increase the monetary cap in state law under which mortgages cannot include prepayment penalties from $50,000 to the base figure of $217,873, as adjusted annually for inflation; permit the Department of Banking to publicly release information on pending enforcement actions and fines levied against non-depository licensees; and require lenders to send copies of foreclosure notices to the Pennsylvania Housing Finance Agency so that mortgage foreclosures can be monitored on a statewide basis.

"The mortgage crisis has become one of the most pressing issues facing homeowners nationwide," Daley said. "It seems that with each day, the crisis escalates. It is incumbent upon us to make adjustments to try to better protect consumers in one of their most important decisions of their life and that is taking on a mortgage to secure a primary residence. I am confident that we will generate the support we need to pass these bills and send them to the governor's desk for signing."

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Seip flood damage-reduction bill sent to full House

A bill introduced by Rep. Tim Seip to reduce flood-related damage in Pennsylvania is headed to the full House of Representatives. The bill (H.B. 2539) would give the Department of Environmental Protection more tools to help reduce the damage that floods do in Pennsylvania communities, such as voluntary buyouts of property owners, flood proofing, floodplain management, forecasting, and educating property owners and residents.

"Under this legislation, DEP could share in non-structural costs on federal projects and could use these approaches on state projects when they are determined to be the most cost-effective and environmentally sound alternatives," Seip said. "This bill could benefit communities like Schuylkill Haven and Pine Grove, which have been affected by more than $2 million in flood damage in recent years."

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Dermody continues efforts to prevent child abuse in Pennsylvania

The House Judiciary Committee has approved a Senate bill (S.B. 1147) that includes language authored by Rep. Frank Dermody, D-Allegheny, that would prevent child deaths and serious injuries caused by child abuse. The proposal, which was amended into the Senate bill, would create uniform standards for county children and youth agencies when they respond to, review and report child fatalities or near fatalities resulting from suspected child abuse. Current law does not provide specific guidelines for the review and reporting of child fatalities and near fatalities resulting from abuse.

"This bill will help the agencies and communities to better protect children from tragic and fatal consequences caused by neglect and abuse," Dermody said. "Making these reports public will allow the community to look into the system and to make sure it is operating as effectively as possible."

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Caltagirone bill would give firefighters workers' comp for lung cancer

A bill authored by Rep. Thomas Caltagirone, D-Berks, that would provide workers' compensation coverage to firefighters who develop lung cancer was approved by the House Labor Relations Committee this week. Caltagirone's bill (H.B. 1768) would add provisions to the state Workers' Compensation Act to make lung cancer an occupational disease for firefighters. This would enable firefighters with at least four years of service who develop lung cancer due to heat, smoke, fumes or gases to qualify for workers' compensation benefits automatically. Those benefits would include assistance with medical bills and partial or total wages should they develop cancer that causes disability or death.  

"For years, firefighters have been forced to file suit to prove their cancer was caused by firefighting and to get assistance paying for their medical care," he said. "My goal is simply to make sure they are covered under the workers' compensation law. It is the least we can do for people who have done so much to protect the public."

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Shapiro workforce initiative passes key hurdle

Legislation sponsored by Rep. Josh Shapiro, D-Montgomery, aimed at improving the state's work force and helping reduce violence in the Commonwealth was unanimously adopted by the House Finance Committee this week. Shapiro's proposal (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 a disadvantaged youth. A disadvantaged youth is defined in the legislation as an individual between 14 and 21 whose median family income does not exceed 235 percent of the federal poverty level.

"The best way to create jobs and reduce violence is to get students into internships that can help positively shape their lives," Shapiro said.

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BILL INTRODUCTIONS

Appropriations chairman sponsors legislation to lease turnpike

House Appropriations Chairman Dwight Evans, D-Phila., and Republican Rep. Steve Cappelli are sponsoring legislation (H.B. 2593) that would allow the state to lease the Pennsylvania Turnpike to a private consortium as a way to raise money for roads, bridges and mass transit in the Commonwealth. Earlier this month, the governor announced a Spanish firm had bid $12.8 billion to lease the Pennsylvania Turnpike for the next 75 years. Money from the lease would be invested and the annual income would be used for highway and bridge repairs and to fund mass transit.

"I want a discussion about our options and this proposal to lease the turnpike should be in the mix," Evans said. "I know there is concern about this proposal, particularly with regard to the numbers. But it troubles me anyone would reject this idea before analyzing it thoroughly. We need to be open to the concept."

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Leach bill would spotlight dental amalgams, address FDA settlement

A statement by the Food and Drug Administration acknowledging the risks associated with mercury fillings has prompted Rep. Daylin Leach, D-Montgomery, to urge action on dental legislation he has introduced in the state House of Representatives. Leach's bill (H.B. 1898) would create a patient notification brochure that would have to be provided to all Pennsylvanians before they receive a dental filling containing mercury. 

"A full half of a typical dental amalgam filling is made of liquid mercury, but I would surmise that most people are not aware of the risks that can be involved with that," Leach said. "You don't go to the dentist office thinking your treatment will involve a potentially harmful toxin. Pennsylvanians should also be made aware of this health and environmental threat, and of existing effective alternatives to mercury fillings. My bill would do that."

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DeLuca plans bill to require drug testing of school applicants

Rep. Tony DeLuca, D-Allegheny, plans to introduce legislation that would require potential public and private school employees, including independent contractors who would have contact with children, to undergo drug testing as a condition of being hired by schools in Pennsylvania. The proposal by DeLuca, chairman of the House Insurance Committee, would require people applying for administrative and other positions in school districts, as well as with vocational-technical and intermediate units, to undergo drug testing. The applicants' drug testing would have to be recent, within 90 days of the application, in order to be accepted by school districts.

"We entrust our children's welfare to school employees daily, so it is only fitting that we pre-test school employees for illegal narcotics," DeLuca said. "I want to make sure that our children are protected at school."

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Frankel bill would lift ban on local smoking laws 

Rep. Dan Frankel, D-Allegheny, chairman of the Allegheny County Democratic Delegation in the House, plans to introduce legislation to allow local governments in Pennsylvania to enact smoking bans stronger than a bill that recently passed the General Assembly (S.B. 246). Frankel's bill would remove the language in S.B. 246 that bans local governments other than Philadelphia from enacting and enforcing their own smoking ordinances.

"The compromise smoking ban that is heading to the governor's desk will allow only Philadelphia to have a clean indoor air law stronger than state law," Frankel said. "The new law will continue to deny that authority to local elected officials who represent seven out of eight Pennsylvanians."