An update of recent legislative activity by Pennsylvania House Democrats

Oct. 14, 2008

SIGNED INTO LAW

Surra's ban on mandatory overtime for nurses now law

Legislation sponsored by Rep. Dan Surra, D-Elk/Clearfield, that prohibits hospitals and other health-care facilities – both private and public – from forcing nurses and other direct patient care workers to work overtime has been signed into law. The bill (Act 102 of 2008) prohibits hospitals and other health-care facilities from mandating overtime for nurses except in specific emergencies or when unforeseen staffing shortages could compromise patient safety. While the law allows nurses to voluntarily work overtime, it prohibits hospitals from disciplining or firing nurses who refuse to work overtime.

"Getting this legislation passed was a long and difficult process, and it would not have happened without the support and advocacy of this state's nurses and other health-care workers and their supporters," Surra said. "They came to the Capitol year after year to make their voices heard and to make sure lawmakers knew that mandatory overtime was unsafe and unfair for both nurses and their patients. This is a huge victory for both."

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Casorio bill to improve Dog Law signed by governor

The governor has signed legislation (Act 119 of 2008) sponsored by Rep. James E. Casorio Jr. that would improve conditions for breeder dogs in commercial kennels in Pennsylvania. The law requires commercial kennel owners to provide regular exercise and semiannual veterinary exams for dogs; doubles the minimum cage size for dogs; prohibits the stacking of cages; requires adequate heating, lighting and ventilation; prohibits wire flooring in cages; and prohibits commercial kennel owners from euthanizing their dogs.

"The conditions that breeder dogs are kept in at many of these large kennels in Pennsylvania are deplorable – warehoused in tiny cages for years on end with no exercise and inadequate care, forced to breed over and over again until they are no longer useful, then killed or disposed of," Casorio said. "The people of Pennsylvania demanded a Dog Law with teeth, one that would protect these dogs and ensure they are treated in a humane way and not simply as a cash crop."

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Evans credit counseling bill signed into law

Credit counseling legislation sponsored by Rep. Dwight Evans, D-Phila., chairman of the House Appropriations Committee, has been signed into law by the governor. The law (Act 117 of 2008) ensures debt management services are provided by certified counselors; that the services are clearly defined; that consumers receive financial counseling and that fees are capped.

"This legislation grows out of my efforts to create state policies that help people become financially literate," Evans said. "This is a commonsense measure that is good for consumers, especially in light of current economic conditions. More and more people are in debt. More and more people need help. But we can’t let people in a vulnerable financial situation be taken advantage of by companies or organizations who are supposed to help them strengthen their financial position."

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Freeman Elm Street bill signed into law

Rep. Bob Freeman's bill to revise the Elm Street Program has been passed by the state legislature and signed into law by the governor. Act 115 of 2008 allows the Elm Street Program to continue beyond its current sunset date of 2011. The program is an urban residential enhancement initiative that targets older established neighborhoods for revitalization. In 2004, Gov. Ed Rendell went to Easton to sign Freeman's original Elm Street bill into law. That measure passed the House and Senate unanimously.

"The revisions made by my bill will allow this successful urban revitalization initiative to continue to stabilize older urban residential neighborhoods, breathing new life, vitality and opportunity into them," Freeman said.  

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Belfanti's black lung benefit measure signed by governor

The governor has signed legislation originally introduced by Rep. Robert E. Belfanti Jr., D-Northumberland/Montour/Columbia, that increases workers' compensation payments to former coal miners suffering from black lung and similar diseases. Belfanti's measure was included in legislation (Act 123 of 2008) passed by the House and Senate and signed by the governor. The law increases the monthly benefit for coal miners who are disabled with silicosis, anthracosilicosis, coal worker’s pneumoconiosis, or asbestosis by $50 -- from $125 to $175 a month. The benefit had not been adjusted since 1979.

"It's been almost 30 years since the state has adjusted the benefit amount that hundreds of miners are still receiving for the life-altering and life-threatening black lung diseases they developed while helping to mine anthracite in Pennsylvania," Belfanti said. "For those miners, we owe them this increase, especially in today's economic environment."

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Sabatina bill strengthening penalties for police assaults and illegal firearm possession signed by governor

Rep. John Sabatina, D-Phila., said legislation he sponsored (H.B. 1845) that would strengthen penalties for causing death or injury to police officers and for possessing a firearm with an altered serial number has been signed into law by the governor. Under H.B. 1845, first-degree murder of a law enforcement officer will result in a mandatory sentence of life imprisonment or the death penalty. The legislation also strengthens penalties for straw purchasers and criminals who file serial numbers from guns so they cannot be traced when a crime is committed. The penalty for possessing a gun with an altered serial number increases from a first-degree misdemeanor to a second-degree felony, which carries a maximum fine of $25,000 and up to 10 years in prison. Police are required to trace all illegally possessed handguns they recover.

"This legislation will give police and citizens more protections and act as a major deterrent for criminals," Sabatina said. "One of the problems we have in prosecuting defendants is the use of untraceable firearms during the crime. By tightening the loophole that lets criminals slip through, we have a better chance of prosecuting them and getting them off the streets."

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Mundy subpoena proposal becomes law

Legislation authored by state Rep. Phyllis Mundy, D-Luzerne, that requires parents to be notified if their child is subpoenaed to appear in court was signed into law by the governor. Mundy's legislation (Act 98 of 2008) will put into law new requirements that parents, guardians or legal custodians must be notified and receive a copy of subpoenas and warrants involving a child in their care.

"Children are the responsibility of their parents," Mundy said. "It will now be the law in Pennsylvania to include parents and guardians of juveniles in the legal process," Mundy said.

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Taylor Megan's Law language signed by governor

Rep. Rick Taylor, D-Montgomery, said his proposal (H.B. 2526) to clarify the Pennsylvania Crimes Code to ensure offenders convicted of solicitation or conspiracy involving a minor are subject to Megan’s Law registration and restrictions has been signed into law by the governor. The language of that bill was amended into other legislation (Act 98 of 2008) that passed both legislative chambers by unanimous votes. The amendment makes conspiracy or solicitation for a sexually violent crime an offense requiring residential registration with state police for 10 years. Currently, sexual offenders fall under Megan's Law impositions only if they are convicted of a sex offense or an attempt to commit a sex offense, which could allow some online predators to avoid the Megan's Law conditions.

"The centerpiece of my legislation was clarifying the Crimes Code to help authorities better crack down on sexual predators that target child victims, including through the Internet," Taylor said. "With that assured of becoming law, I'll be continuing the fight in the future to get our law enforcement agencies state-of-the-art abilities to monitor sexual victimizers and better protect our children from sexual assault."

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Governor signs bill to protect consumers from online auction fraud

The governor has signed a law (Act 89 of 2008) that includes language negotiated by Rep. Mike Sturla, D-Lancaster, to better protect Pennsylvanians from online auction frauds. Sturla originally introduced the legislation as H.B. 1899 last year. The new law defines online auction "trading assistants" and requires them to register with the state, pay a $100 registration fee, and obtain a $5,000 surety bond, at a cost of about $50. They are required to keep records of all sales and provide a receipt for all transactions. The state will post a list of all registered trading assistants online.

 "This legislation empowers the Department of State to oversee the activities of online trading assistants in a fair and just way," Sturla said. "It also enables responsible trading assistants to achieve accreditation from the state, which will make consumers more comfortable in utilizing their services. Meanwhile, those who commit fraud will now have to pay the consequences."

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Shimkus foster parents bill gets governor's signature

Legislation sponsored by Rep. Frank Andrews Shimkus that gives foster parents a voice in court decisions regarding the children in their care has been signed into law by the governor. Act 109 of 2008 gives foster parents the right to submit a report, either written or verbally, to a judge about a child in their care before the child’s permanency hearings. Permanency hearings are held every six months to determine whether a child should return to his or her natural parents, remain in foster care, or be put up for adoption.

"We have to think of the children when deciding into whose custody they will be placed," Shimkus said. "Foster parents care for these kids on a daily basis and probably understand their needs better than anyone else. Giving them the right to address a judge who is about to decide the permanent  placement of a child is key in ensuring the child is placed in the best possible home and receives the best possible care."

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Gergely’s bill to auction elk license to become law

Legislation authored by Rep. Marc Gergely that will allow the state to auction off an elk license to hunters to serve as a fundraiser for the state Game Commission has been signed into law by the governor. The legislation (Act 101 of 2008) will allow the Pennsylvania Game Commission to offer a special elk conservation hunting tag through an auction every year in which the proceeds would go toward improving elk habitats in the Commonwealth. The commission will be required to prepare an annual report for the General Assembly detailing how the proceeds are used.

"Pennsylvania currently has a limited number of elk licenses while the number of interested applicants far eclipses the total available," Gergely said. "Since these licenses are a hot commodity, I saw it as a way to spark national interest as well as generate money to help our elk population."

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Scrap metal bill signed by governor

Legislation introduced by Rep. Eddie Day Pashinski, D-Luzerne, which will provide law enforcement the tools it needs to investigate scrap metal thefts and bring the thieves to justice, has been signed into law by the governor. Under the legislation (Act 113 of 2008), scrap processors and recycling facilities have to maintain records on all transactions over $100, or those involving catalytic converters, and keep those records for two years. Information that has to be retained includes a photocopy of the seller's driver's license, license plate number of the seller's vehicle, a description of the material purchased and the weight and amount paid for it.

"I'm pleased the bill is now law, because it's a law that's desperately needed," Pashinski said. "As the world wide demand for all metals increase, the value of metal commodities has spiraled upwards in a dramatic fashion causing an epidemic of metal thefts."

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Governor signs mutual aid bill

Rep. Paul Costa, D-Allegheny, announced that Gov. Ed Rendell has legislation he helped to draft that establishes a mutual aid committee to oversee a statewide prevention and emergency response system. The legislation, Act 93 of 2008, sets up a system of intrastate mutual aid among participating local governments in Pennsylvania. The system will include state, regional and local officials, as well as emergency responders, and would allow local officials and responders to request assistance from others in the system when an emergency or disaster is beyond the scope of local officials or responders to address.  

"Currently there is no network or system in place whereby different local governments or emergency responders are able to respond to disasters in a coordinated manner," Costa said. "Some areas have created their own mutual agreements, but as a whole, a master framework is lacking. The passage of this bill was a successful bipartisan effort that ultimately makes Pennsylvania a better and safer place to live."

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Curry bill easing regulations for small hospices signed by governor

Legislation sponsored by Rep. Lawrence Curry, D-Montgomery/Phila., that creates unique licensing regulations for small residential hospices has been signed into law by the governor. Act 120 of 2008 requires the Pennsylvania Department of Health to develop regulations that define a "small residential hospice" as a facility licensed for 22 or fewer beds (larger institutions would be required to meet the institutional health-care facility standards) and, subject to the approval of the Federal Centers for Medicare and Medicaid Services, permit small residential hospice facilities to comply with the National Fire Protection Association's "Life Safety Code" standards for residential and boarding care rather than the Health Care Facility standards.

"Because small, freestanding residential hospices are unable to meet current nursing facility standards, many are being licensed as personal care homes. That limits the range of services they can offer patients, and limits choices for individuals who are dying and have elected hospice care," Curry said.

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Longietti bill closing ‘chop shop’ loophole becomes law

Rep. Mark Longietti, D-Mercer, said legislation he introduced to close a loophole in Pennsylvania law regarding "chop shops" has been signed into law by the governor. The law (Act 107 of 2008) strengthens the definition of a chop shop to prevent insurance scam artists from using a loophole in current law to evade prosecution in Pennsylvania. The new law adds language to the definition to include vehicles illegally obtained by theft, fraud or conspiracy to defraud. Chop shops disassemble vehicles, usually stolen ones, and sell the parts. 

"Under this law, vehicle owners and chop shop owners will be prosecuted in cases where the vehicle was known to have been illegally obtained by fraud or conspiracy to defraud," Longietti said. 

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McCall: Massage therapists and clients would be protected under new licensing law

Rep. Keith McCall, D-Carbon, said his legislation (Act 118 of 2008) aimed at protecting massage therapists and their clients by requiring therapists to get a state license was signed into law by Gov. Ed Rendell. McCall said the law 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 passing an exam administered by a qualified professional testing organization. In addition, it would require 24 hours of continuing education every two years.

"There was something very wrong with the fact that a barber performing a $12 haircut had to have a state license, but anyone who wanted to hang up a sign saying 'massage therapist' could do so without any kind of testing or state oversight, and as of today that's going to change," McCall said. "Too many highly skilled, trained and reputable massage therapists were at the mercy of dishonest people who called themselves 'therapists' but just gave the whole industry a bad name."

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PASSED THE HOUSE AND SENATE

Contractor registration will protect consumers and reputable home improvement professionals

The House and Senate have approved a measure that requires home improvement contractors to register with the Attorney General's office and create a database of reputable contractors to help give consumers peace of mind. The legislation (S.B. 100) requires all home improvement contractors and salespeople to register with the Bureau of Consumer Protection and provide information such as license number, and partnership/corporation and liability information.  All applicants must pay a $50 registration/renewal fee biannually to the Attorney General’s office and provide a statement disclosing any fraudulent activity or Commonwealth court action including any revocation/suspension of right to work.

"Your home is your most valuable asset, but for far too many Pennsylvanians hiring a contractor to make home improvements has led to financial disaster," said Rep. Keith McCall, House majority whip.  "It's long overdue that we give people the tools they need to protect themselves and give the vast majority of contractors who are reputable a way to prove that trust to new customers. Considering that Americans spend more than $118 billion every year on home improvements, and one in five homeowners report bad experiences with improvements and repairs, this new law is an outstanding first step toward better consumer education and protection."

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Governor to sign Biancucci legislation for local school district merger

The governor will soon sign legislation sponsored by Rep. Vince Biancucci, D-Beaver, that paves the way for a merger between Center Area and Monaca school districts. Biancucci's measure authorizes a newly established merged political subdivision to levy a mercantile tax in the new subdivision if one of the original entities already levied the tax. The legislation does not require the tax to be levied – it merely allows the merged district to levy the tax if desired after study and consideration. Previous law did not allow new mercantile taxes to be imposed. Biancucci's legislation was adopted as an amendment to S.B. 763.

"My legislation would be instrumental in paving the way for a merger between the Center Area and Monaca school districts in my legislative district," Biancucci said. "It is an important step toward ultimately paving the way for other possible Pennsylvania school districts looking to merge services in order to better serve students and taxpayers alike."

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Seip wins House, Senate passage of ban on 'spot appeals' of assessments

Rep. Tim Seip this week won House and Senate passage of his legislation that would ban "spot" appeals of assessments. The House passed the current version of the legislation (S.B. 1258) on a strongly bipartisan vote of 140-49. In July, similar legislation passed both the House and Senate with bipartisan majorities, but the governor vetoed it. As passed by the House, the bill would apply in 65 of Pennsylvania's 67 counties -- all but Philadelphia and Allegheny.

"I urge the governor to sign this retooled, reworked, bipartisan bill that would help many vulnerable homeowners and help our communities achieve long-term economic success," Seip said. "This appears to be the only piece of major property tax reform legislation that can become law in the 2007-08 session."

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PASSED THE HOUSE

Roebuck's dropout interview bill passes House

The state House passed a measure proposed by Rep. James Roebuck, D-Phila., which would require exit interviews for all students who drop out of public schools in Pennsylvania. Roebuck's bill (H.B. 120) would require all principals, including those in charter schools, to conduct exit interviews with students who drop out or are illegally absent from school for 10 or more days. During the interview, the principal or school designee must ask about why the student is withdrawing and inform him or her about alternatives to dropping out. If the interview cannot be completed by the student in person or via telephone, the parent or guardian must do so within 15 days of notification.

"We need more information about why students are motivated to leave school if we are to find ways to address those underlying factors and keep more kids in school and on track for success in life," Roebuck explained.

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House passes Daley’s affordable housing trust fund bill

The state House passed legislation sponsored by Rep. Peter J. Daley, Fayette/Washington, that would create an affordable housing trust fund for Pennsylvania. House Bill 2600 would enable the Pennsylvania Housing Finance Agency to build or rehabilitate and preserve housing for low- to moderate-income people, the elderly and people with disabilities.

"The lack of affordable housing is one of the most serious social and economic issues we face," Daley said. "I am pleased that the House has moved this bill forward and gratified by the broad support both here in the House and in the housing community."

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White bill to prevent automated ticket buying passes House

Rep. Jesse White, D-Washington/Allegheny/Beaver, said legislation he sponsored (H.B. 2011) that would prohibit the use of automated ticket-buying software in Pennsylvania has passed the House.  The software bypasses online ticket sale protection systems to allow buyers to purchase tickets faster than the general public. The buyers are able to place hundreds of ticket requests at a time, selling out venues quickly and shutting out people logged in or physically waiting in line.

"It's an unfair practice that limits ticket access for the average consumer," White said. "These tactics make it hard on families who want to attend an event together, but can't afford the high cost." 

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BILL INTRODUCTIONS

Grucela bill would create unicameral legislature 

Rep. Richard Grucela, D-Northampton, has introduced legislation (H.B. 2810) that would amend the state constitution to return the Pennsylvania General Assembly to a unicameral legislature. Under Grucela's bill, the General Assembly would consist of 203 members, with elections held every two years. At the first general election after the adoption of the constitutional amendment, members from odd-numbered legislative districts would be elected for a term of two years and members from even-numbered districts would be elected for a term of four years. Thereafter, all members would be chosen for four-year terms. 

"My decade of experience in Harrisburg tells me the truest reform would be a return to a unicameral legislature," Grucela said. "I see no reason to have two chambers representing the same people doing the same thing. My legislation should be the subject of extensive debate and, if passed, would give the public an opportunity to decide if they agree that this is the best way to cut the legislature without sacrificing representation for the people."

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Bill would require insurance coverage for contraceptives

Rep. Lisa Bennington, D-Allegheny, and Rep. Chelsa Wagner, D-Allegheny, have introduced legislation that would require all health insurance companies to cover prescription contraceptive drugs and devices in order to promote and protect women's reproductive health. House Bill 2756 would allow insurance companies to charge co-payments that are comparable to other typically covered medications.

"It is hard to believe that over 70 years ago, as a staunch advocate for a woman's right to birth control, Margaret Sanger was fighting for a woman's choice to decide how and when, if ever, she will bear children," Bennington said. "Yet, here we are 70 years later fighting to have all health insurers cover the cost of contraception so that women can exercise control over their bodies and reproductive rights. It's ridiculous that they don't, and we are demanding that a woman's reproductive health and future be placed in her own hands and not the hands of insurance companies."

"This lack of uniformity has resulted in denying many women the protection of their reproductive rights and health," Wagner said. "Our legislation aims to right that wrong and establish a level playing field for all women in Pennsylvania, regardless of their insurance company."