An update of recent legislative activity by Pennsylvania House Democrats

June 27, 2008

PASSED THE HOUSE

Eachus measure to protect law enforcement officers passes the House

Rep. Todd Eachus, D-Luzerne, said the House has unanimously passed his legislation to protect more law enforcement officers under the state law that enables emergency responders infected with hepatitis C in the line of duty to be eligible for worker's compensation benefits. Eachus' bill (H.B. 2477) would expand the groups of individuals covered for exposure to hepatitis C to include Bureau of Narcotics investigators employed by the Office of Attorney General; Liquor Control Enforcement officers employed by the Pennsylvania State Police; Commonwealth and county probation and parole officers; sheriffs and deputy sheriffs; and Capitol Police employed by the Department of General Services. 

"These officers put themselves at risk when they go to work every day, and I thought it was long overdue to make sure they got the same protection other law enforcement personnel get when they are forced into contact with people infected with hepatitis C," Eachus said. "These men and women are often the first to respond to situations with injuries involving blood loss and have more chances to come in contact with syringes associated with intravenous drug users. For all these reasons and more I'm glad the House approved the bill and I'm confident the Senate will act fast to pass the bill and protect those who protect us."

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House passes Conklin bill updating flood control laws

Legislation introduced by Centre County Rep. Scott Conklin that would update and improve the state's flood control provisions passed the state House of Representatives this week. The bill (H.B. 2546), which is a component of the state's economic development initiative, Rebuild PA, would expand the authority of the state Department of Environmental Protection under Pennsylvania's Flood Control Law to allow the agency to create flood control districts and present plans for flood control works and improvement projects across the state. With the recent flood disasters ripping the Midwest, Conklin said giving DEP more authority to develop plans for flood control projects can help limit similar disasters in Pennsylvania.

"We have had significant flooding issues in Pennsylvania throughout our state's history," Conklin said. "But with traditional 100-year and 500-year flood plains becoming more like 15- or 20-year flood sites – which is what we are seeing across the Midwest -- it is very important to take steps to make sure we are doing what we can to improve and update our flood control projects here in Pennsylvania."

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Seip flood damage-reduction bill passes House

A bill introduced by Rep. Tim Seip to reduce flood-related damage in Pennsylvania passed the House of Representatives on a bipartisan 182-13 vote. Seip said his bill (H.B. 2539) would give the Department of Environmental Protection more tools to help reduce the damage that floods cause in many communities.

"For smaller streams in particular, DEP needs the authority to use 'non-structural' options such as voluntary buyouts of property owners, flood proofing, floodplain management, forecasting and educating property owners and residents," said Seip, a member of the House Environmental Resources and Energy Committee. "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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House passes bill streamlining fragmented tax collection process

The Pennsylvania House of Representatives has passed a bill (S.B. 1063) that would consolidate the collection of the Earned Income Tax, also known as the wage tax, and net profits tax from 560 to 69 tax collection districts, saving municipalities and school districts millions of dollars in lost revenue. Under the legislation, 69 tax collection districts would be established and each would be served by one appointed tax officer. In each district, a tax collection committee would be formed by appointed delegates from each municipality and school district, and would be responsible for the appointment of a tax collector to collect the Earned Income Tax, also known as the wage tax. The tax collection districts would have geographic boundaries mirroring the boundaries of each county. Allegheny County would be broken up into four tax collection districts; one district would represent the city of Pittsburgh and the rest of the county divided into three relatively equal districts. Philadelphia County would continue to collect on a city and county-wide basis.

"There is no method to the madness in how we currently collect Earned Income Taxes in Pennsylvania," said House Finance Committee Chairman David Levdansky, D-Allegheny/Washington. "Each jurisdiction has different practices and reporting methods that businesses must conform to. The excessive number of tax collectors also comes with high administrative costs, which increase tax rates. That makes Pennsylvania an unfriendly place to do business and attract jobs."

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Williams' measure expanding Philadelphia tourism passes the House

The House of Representatives has passed a bill (H.B. 2167) introduced by Rep. Jewell Williams, D-Phila., that would help Philadelphia expand the city's tourism outreach and increase funding for efforts to expand the Pennsylvania Convention Center. Williams' proposed Philadelphia Hospitality Promotion Tax would allow the city to implement a tax of up to 1.5 percent on hotel room rentals. Revenue generated by the tax would be deposited into a special account used to fund direct tourism advertising for the city, fund promotion of the expanded Pennsylvania Convention Center, and provide routine maintenance and upkeep of the convention center.

"I am pleased my colleagues in the House voted in support of my bill, which would provide a serious boost for the hospitality industry in Philadelphia," Williams said. "Philadelphia has come a long way in marketing itself as a destination city, and rightfully so. We offer historic landmarks, first-class dining, competitive sports teams and unique neighborhoods that appeal to everyone. My proposal would fund extensive promotion of the many great things this city has to offer."

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Professional massage therapists and their clients would be protected with new licensing legislation approved by the House

Rep. Keith McCall, D-Carbon, said the House of Representatives has approved legislation that would protect massage therapists and their clients by requiring therapists to get a state license. McCall said H.B.2499 would license massage therapists under a new State Board of Massage Therapy. Applicants would have to meet specific criteria to become certified; including completing a minimum of 600 hours of in-class and postsecondary training approved by the Department of Education, as well as pass an exam administered by a qualified professional testing organization. In addition, the bill would require 24 hours of continuing education every two years.

"It is important to establish necessary educational standards within the massage therapy profession, not only to ensure that practitioners have the customers' best interests at heart, but to maintain a highly regarded reputation as a professional massage therapist," McCall said. "I believe the licensure of massage therapists will help boost our state's economy, adding it to a list of more than 200 professions licensed in Pennsylvania, and in turn, allow more practitioners the chance to begin or continue practicing in the Commonwealth."

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Pennsylvania moves toward divestment of state pension funds

The Pennsylvania House of Representatives has passed legislation that would require the Commonwealth to pull its state pension investments out of companies that do business with the governments of Sudan and Iran. The bill (H.B. 1086) was offered by Rep. Josh Shapiro, D-Montgomery, and included a significant amendment by Rep. Babette Josephs, D-Phila. The amended bill calls for the withholding of Pennsylvania's pension fund investments from foreign companies that are directly or indirectly helping the Sudanese government perpetuate genocide and the Iranian government sponsor terrorism. U.S. companies are already prohibited from this.

"Investing in such irresponsible companies not only can pose immediate risks to Pennsylvania's funds, it also can threaten their long-term value," Josephs said. "The Commonwealth has a fiduciary responsibility to its citizens to ensure that investments made for our public funds enhance the bottom line for their beneficiaries, and socially responsible investing will help do that."

"Prohibiting our pension funds from being invested in foreign companies that help terrorist supporting states is not only the right thing to do, it is the fiscally sound thing to do," Shapiro said. "The risk occurs if we fail to divest and we instead continue to invest in these foreign companies that do business in these terror-sponsoring nations."

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Eachus bill to help those who help the deaf and hard-of-hearing passes House

Rep. Todd Eachus, D-Luzerne, said the House unanimously passed legislation this week that he sponsored to help interpreters and transliterators who provide services to the Commonwealth's deaf and hard-of-hearing citizens. Eachus said H.B. 1596 sets up standards for graduates to obtain provisional licenses, including application to the Pennsylvania Department of Labor and Industry's Office of the Deaf and Hard of Hearing; a $50 application fee; proof that the applicant graduated from an accredited program with an associate's degree or higher within five years prior to the application date; and proof that the applicant passed a written examination approved by the department.

"Back in 2004 we created a law requiring state registration for interpreters and transliterators, but the problem was that that law did not address the needs of recent graduates of interpreter education programs who have the skills but often do not have the requisite experience to pass a state registration exam," Eachus said. "Graduates couldn't obtain state registration and, therefore, couldn't work in the community and were often forced out of state to pursue their career. It was a real-life 'Catch-22.'"

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COMMITTEE ACTION

Kessler fuel-saving taxi bill sent to full House

A bill Rep. David Kessler introduced to reduce Pennsylvania's dependence on foreign oil and cut air pollution is headed to the full House of Representatives. Kessler's legislation (Special Session H.B. 49) would require at least 80 percent of taxis in Pennsylvania to be hybrid electric vehicles by 2016. To help operators make the transition, the bill also would provide a $500 tax credit for each eligible new or used hybrid cab added.

"Because hybrid vehicles are less polluting and more fuel-efficient, a switch to mostly hybrid taxis would do more than advance energy independence – it would help clean our air. It's already working in New York City and saving the taxi owners big money on their fuel bills. The fuel savings would more than pay for the new taxis in Pennsylvania," Kessler said. "And reducing demand would likely have a positive impact on gas prices, helping all Pennsylvania drivers and our economy."

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Sabatina bill requiring protective vests for security employees voted out of House Judiciary Committee

Rep. John Sabatina, D-Phila., announced his bill that would require employees of private security firms to be provided with protective vests was voted out of the House Judiciary Committee this week. House Bill 2119 would require private security firm employers to provide soft-bodied armor vests to any employee licensed to carry a weapon.

"People who work in the security industry are at risk of bodily harm every day," Sabatina said. "Requiring employers to provide protective gear is an important precaution that would help ensure the safety of employees and lessen the potential for injury."    

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House committee advances Taylor Megan's Law bills 

The state House Judiciary Committee has reported out two bills sponsored by Rep. Rick Taylor, D-Montgomery, measures that are part of the child sexual predator package of eight bills Taylor introduced last week. The Taylor bills advanced by the committee include a measure (H.B. 2526) that would close a loophole in the Pennsylvania Crimes Code that prevents offenders convicted of solicitation or conspiracy involving a minor from being subject to Megan's Law registration and restrictions, and a proposal (H.B. 2548) that would allow state or county probation or parole officers to employ polygraph tests on sexual offenders during their probation or parole.

"Under current law, a person can conspire with another to rape a young victim yet not be subject to sex offender registration. That is unacceptable," Taylor said. "My legislation would ensure that criminals convicted of solicitation or conspiracy to commit a sex offense against a child are registered as sex offenders and fall under all the requirements of Megan's Law for 10 years."

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Kessler organic farming bill advances to full House

Rep. David Kessler's bill to promote organic farming is headed to the full House of Representatives. The House Agriculture and Rural Affairs Committee has approved Kessler's bipartisan legislation (H.B. 2347) that would provide temporary financial aid to farmers who want to convert to organic agriculture. Participation would be entirely voluntary.

"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," he said. "If every farm in Pennsylvania used organic no-till practices, it would have a carbon-sequestering effect equal to taking 2 to 3 million cars off the roads. In addition, no-till farmers can qualify for another source of income -- payments for sequestering carbon – which at least one Berks County farmer is already receiving."

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House committee advances dog law legislation

Legislation to ensure the humane treatment of dogs in large commercial breeding facilities in Pennsylvania was advanced by a state House committee this week. The House Agriculture and Rural Affairs Committee voted 17-12 to approve the bill, introduced by Rep. James E. Casorio Jr., D-Westmoreland. The legislation (H.B. 2525) is aimed at strengthening the state's dog law by introducing new requirements for the care and treatment of breeding dogs in commercial kennels that sell or transfer more than 60 dogs a year. The legislation includes provisions that set minimum cage size, exercise, heating and cooling, sanitation and other standards for these large commercial kennels.

"The owners and breeders who care for their animals and who protect their well-being will not be impacted by the changes to the dog law proposed in this legislation," Casorio said. "We're going after the small number of large-scale breeders in this state who treat dogs simply as an expendable commodity – who have demonstrated repeatedly that they do not care about the suffering of the dogs they warehouse or the quality of the dogs that they trade or sell to the public."

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Caltagirone bill to protect dogs sent to full House

Rep. Thomas Caltagirone's bill to strengthen the state's animal cruelty law to protect Pennsylvania's dogs from having to undergo painful surgeries performed by non-veterinarians has been approved by the House Judiciary Committee and sent to the full House for a vote. His legislation (H.B. 2532) is part of a package under Gov. Ed Rendell's initiative to make sweeping changes to the state's dog and animal cruelty laws and would prohibit owners and breeders from performing tail docking on dogs more than 3 days old; debarking (cutting or destroying a dog's vocal cords); removing the dewclaws on dogs more than 5 days old; and cesarean sections.

"Thousands of dogs have died as a result of these surgeries or suffered from serious pain and infection. Many are euthanized due to behavioral changes," said Caltagirone, chairman of the House Judiciary Committee. "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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Education Committee balks at statewide graduation tests

The House Education Committee has determined that the proposed statewide Graduation Competency Assessments should be reconsidered before implementation. The committee, chaired by Rep. James Roebuck, D-Phila., has agreed to send to the State Board of Education a number of serious concerns it has identified with regard to the proposal, as well as a recommendation that the board conduct a study or audit of school district graduation assessments. The committee further suggested that in school districts where assessments are found to be less than adequate, the Department of Education should provide assistance to develop appropriate assessment systems.

"After several very serious concerns were raised over the effectiveness and necessity of the proposed high school competency exams, we've concluded that the proposal isn't quite ready for our support," Roebuck said. "Rather than rushing into what is a very significant change in our state's education system, we believe it is more prudent and appropriate for the State Board to first study the adequacy of competency exams currently being used in school districts, followed by targeted assistance to those districts where improvements clearly must be made."

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BILL INTRODUCTIONS

Leach's proposed Safe Foods, Safe Families Act would keep drugs effective

Rep. Daylin Leach, D-Montgomery, unveiled legislation this week that would limit the use of antibiotics in healthy farm animals in Pennsylvania if those same drugs are also used to treat infectious diseases in humans. Leach's proposed Safe Foods, Safe Families Act would specifically ban the use of penicillin, tetracycline, erythromycin, bacitracin and other antibiotics in healthy farm animals. The Pennsylvania secretary of Health would be authorized to prohibit the non-therapeutic use of other antibiotics. Sick animals could still receive treatment with antibiotics.

"We use antibiotics to cure the most mundane and treatable illnesses, but when we also use them to beef up livestock, it's a prescription for disaster," Leach said. "Chickens, cows and pigs gain weight faster when antibiotics are added to their feed, and the agriculture industry is using this technique to garner higher profits without regard to long-term medical complications."