An update of recent legislative activity by Pennsylvania House Democrats

July 28, 2008

SIGNED INTO LAW

Miner safety bill now law

House Majority Leader Bill DeWeese, D-Greene/Fayette/Washington, is hailing the enactment of legislation that will ensure stronger mine safety standards for Pennsylvania bituminous coal miners. Gov. Ed Rendell signed the legislation (S.B. 949) DeWeese steered through the House at the Robena Mine Memorial in Carmichaels. More than 100 public officials, coal miners and local residents attended the bill signing.

"The determination and discourse among everyone involved in the discussions was unremitting," DeWeese said. "It was inspiring to work toward the common desire to secure the best mine safety law in the nation for the thousands of Pennsylvania miners who descend to the earth's recesses day in and day out so that we may have energy to heat and cool our homes, run our televisions, wash our clothes and live our daily lives."

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Yudichak bill to license respiratory therapists signed into law 

Rep. John Yudichak, D-Luzerne, said legislation he sponsored that licenses respiratory therapists has been signed into law. Yudichak’s legislation (H.B. 1804, Act 45 of 2008) requires respiratory therapists to be licensed by the state. Respiratory therapists are currently not licensed in Pennsylvania, but instead receive certification from either the State Board of Medicine or the State Board of Osteopathic Medicine. In the early 1990s, therapists made a push to become licensed, but state legislators at the time said there were too many licenses already being granted in the state and instead advised the therapists to become certified under an already existing licensure board.

"This legislation will resolve any confusion and also let the public know that the therapists performing treatments have solid credentials," Yudichak said.  

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Governor signs mortgage reform bills

Gov. Edward G. Rendell has signed five bills into law aimed at reforming mortgage lending practices and strengthening oversight of the mortgage industry in Pennsylvania. The package of bills includes legislation (H.B. 2179) introduced by House Commerce Committee Chairman Peter J. Daley, D-Washington/Fayette, that would assure Pennsylvania homebuyers that the person selling them a mortgage has successfully passed a background check, completed training specific to state and federal mortgage laws, passed a test to prove their knowledge and is licensed by the Department of Banking. In the past, only mortgage companies had to be licensed in Pennsylvania, not their employees.

"By tightening and securing industry regulations we can reduce the number of mortgage foreclosures and protect homeowners and communities. Pennsylvania continues to weather a crisis of significant proportions," Daley said. "This legislation has been worth the effort and is a critical step in the right direction to safeguarding mortgage borrowers in Pennsylvania."

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Mann sponsors 2008-09 school funding budget bill; governor signs into law

Rep. Jennifer L. Mann, D-Lehigh, said legislation she sponsored (H.B. 1067) that funds education programs for 2007-08 has been signed into law by the governor. The new budget includes a 5.5 percent increase in basic education funding, the largest in 20 years. The budget also introduces a more need-based school funding formula and directs state dollars to proven educational programs such as Classrooms for the Future, Science: It's Elementary and Pre-K Counts.

"I was proud that the work I did on the costing-out study and during the budget process became the basis for providing more state funding, and more equitable funding, to school districts," Mann said. "The increase in funding benefits not only schools but also homeowners."

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Alternative energy bill signed into law

An alternative energy bill introduced by Rep. Mike Gerber, D-Montgomery, has been signed into law by Gov. Edward G. Rendell. The legislation (H.B.1202) establishes per-gallon content requirements of biodiesel and cellulosic ethanol. This law will encourage the shift to clean, renewable, domestically produced fuels that will create jobs in Pennsylvania and reduce dependency on foreign sources of oil. The use of biodiesel and cellulosic ethanol will help decrease Pennsylvania's contribution to global warming by reducing emissions of heat-trapping gases. 

"These mandates will ensure Pennsylvania carries its weight in helping to make America more energy independent, will result in our burning cleaner fuel and will make Pennsylvania a leader in the emerging green energy economy," Gerber said. "Also, with fast-rising gas prices, Pennsylvanians could benefit from affordable, homegrown, renewable fuel sources."

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Kessler bills to save taxpayers money signed into law

Two bills that Rep. David Kessler introduced to save taxpayers money have passed the House of Representatives and the Senate and have been signed into law. Kessler’s legislation (H.B.s 1329 and 1330, now Acts 39 and 40 of 2008) was prompted by a quarry business in Berks County winning its legal challenge against a long-standing township zoning ordinance based on a procedural defect in the enactment of the ordinance. The state Supreme Court ruled in 2006 that such a challenge to an ordinance can be brought at any time. Procedural defects can include such minor omissions as posting public notice signs every 310 feet instead of every 300 feet. The new laws will make it extremely difficult for parties to successfully challenge ordinances on such technical issues two years or more after adoption of an ordinance.

"Unless we changed the law, the burdens imposed on taxpayers by the court decision could have been overwhelming," Kessler said. "The Supreme Court had tilted the playing field heavily in favor of companies that can finance long, drawn-out lawsuits and I worked to correct that. Under the court's ruling, local ordinances that citizens have followed for five or 15 years could have been tossed out, not because of the zoning, but because of technicalities of procedure."

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COMMITTEE ACTION

House committee considers Casorio drug-endangered children legislation

Pennsylvania would set up a special task force to develop a coordinated system for responding to the medical, social and educational needs of children impacted by the manufacture, trafficking and abuse of illegal drugs under legislation introduced by Rep. James E. Casorio Jr., D-Westmoreland. The House Judiciary Committee held a public hearing on the legislation on Monday, July 21. Casorio's legislation (H.B. 994) would establish a task force on drug-endangered children in the Pennsylvania Commission on Crime and Delinquency. The task force would include the state secretaries of health, public welfare, education and environmental protection, as well as appointees of the governor representing law enforcement, health-care providers, social service agencies, emergency responders and local governments.

"There are kids in Pennsylvania who spend their entire childhood exposed to the manufacture and abuse of illegal drugs by adults," Casorio said. "These children are at constant risk of physical, emotional, mental and developmental harm, both long-term and short-term. The agencies that come in contact with these children need to know how to address the special needs they have and the particular challenges they face."

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BILL INTRODUCTIONS

Mahoney bill would better define service contracts for consumers    

Rep. Tim Mahoney, D-Fayette, has introduced legislation that would give consumers who are buying service contracts a basic and neutral explanation of the contract they are signing. Mahoney's legislation (H.B. 2709) would require all service contracts that are offered to consumers include the explanation, or disclaimer, of what they are buying directly above the signature line and in 14-point, boldface type. The legislation would cover service agreements with retailers and other businesses that sell, service, repair or replace consumer goods.

"My legislation would give people a clear understanding of the contract they are entering into," Mahoney said. "Many retailers call service contracts extended warranties, which confuses people into thinking that it is part of or an extension of an original warranty, when it is not."

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Hanna, Haluska introducing legislation to regulate controlled burning

Reps. Mike Hanna, D-Clinton/Centre, and Gary Haluska, D-Cambria, plan to introduce legislation that would regulate prescribed burning practices in Pennsylvania. The legislation would establish standards for the safe use of controlled burning and establish a training program for prescribed burn managers and people under their supervision.

"Prescribed burning can benefit public safety, especially when there are hazardous amounts of vegetation that can lead to wildfires," Hanna said. "This legislation would provide an effective tool for land management and habitat preservation."

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Reps. Galloway, King: Time to review the state's constitution  

Reps. John Galloway and Chris King, both D-Bucks, have introduced a bill that would place a referendum on the Nov. 4, 2008, ballot calling for a citizens' constitutional convention. Under the legislation, if state voters approved a call for a constitutional convention, voters in each state senatorial district would elect three delegates to send to a constitutional convention to be held from January to September 2009. Public officials and lobbyists would be prohibited as delegates. Proposed changes to the constitution would require passage by a two-thirds majority of convention delegates, and would have to be subsequently approved by voters during the general election of Nov. 3, 2009.

"Although Pennsylvania's last state convention was in 1967, it was limited in scope and the Commonwealth's constitution has not been significantly updated since 1857," Galloway said. "One could not imagine a company conducting over $50 billion worth of business and employing 55,000 workers would not routinely review and update its strategic plan. How can the Commonwealth keep up with today's changing world if we are still living by guidelines set in the 1800s?"

"The need for a state constitutional convention is clear and convincing," King said. "Many of our freshman colleagues in the House were elected to bring reform to Pennsylvania. A citizen' constitutional convention is the most important reform this Commonwealth could undertake."

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Taylor to introduce legislative bonus ban

Rep. Rick Taylor, D-Montgomery, announced that he will introduce legislation that would ban the awarding of bonuses to legislative employees. Taylor’s legislation would ban the awarding of any monetary compensation to a legislative employee that is above and beyond that employee’s annual salary or other rate of pay.

"Like every other taxpayer in Pennsylvania, I was shocked and deeply saddened after reviewing the initial findings of the attorney general’s investigation into the awarding of bonuses in the state legislature," Taylor said. "Now, more than ever, it is clear that to achieve true reform in Harrisburg we must create a transparent and open government while eliminating those practices which are most susceptible to abuse."

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McIlvaine Smith introduces bill designed to help parents in special education disputes with schools

Rep. Barb McIlvaine Smith, D-Chester, has introduced a bill (H.B. 2718) that would help to ensure children in special education programs receive the services they need from their school districts. Special education services for children with disabilities are mandated by the federal government in the Individuals with Disabilities Education Act. IDEA requires that these students have an individual education plan created by the parents or guardians and school district personnel. Under McIlvaine Smith's legislation, when parents believe an IEP is not being followed, it would be the school district's responsibility to prove that it is, rather than the parents' responsibility to prove that it is not.

"Families of special education students are afforded the right to a due process hearing when they feel that the school district is not providing services as designated in the child's IEP," said McIlvaine Smith, who serves as chairwoman of the House Subcommittee on Special Education. "Currently, though, in Pennsylvania the burden of proof resides with the parents. That puts parents at a disadvantage because the school district can use all of its resources to dispute claims made by parents, many of whom can't afford an attorney."