The Legislative Week in Review

Recent legislative activity by PA House Democrats
 

 June 26, 2009

 

PASSED THE HOUSE AND SENATE

 

Mortgage fraud prevention measure heads to governor's desk

 

A bill that would help protect consumers from mortgage fraud has passed the Senate and House and will head to the governor's desk for his signature, according to Rep. David Kessler, D-Berks. House Bill 985, sponsored by Kessler, would help to prevent fraud by protecting mortgage company employees who report illegal activities or take part in an investigation, hearing or inquiry. The legislation would prevent an employer from taking actions such as reducing an employee's salary or benefits, changing the terms of employment or firing an employee. Currently, those protections only apply to these employees when they report a violation of the state Banking Code, but not if they report a violation of other law.

 

"The PFM scandal has had a devastating impact on many Berks County homeowners. These bills would go a long way toward ensuring that this never happens again," Kessler said.

 

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PASSED THE HOUSE

 

House approves bill reviving State Energy Office

 

State Rep. Camille "Bud" George, D-Clearfield, said the state House has approved his legislation that would enable a State Energy Office to take the reins on energy matters affecting the Commonwealth. The energy office would promote development of the state's natural and renewable energy resources; be in charge of energy policy development and implementation and heating assistance; monitor energy prices and supplies and develop responses to emergencies; and encourage the development of a strategic heating oil and diesel fuel reserve in the mid-Atlantic region to counter price spikes and fuel shortages.

 

"House Bill 786 would enable a State Energy Office to forge consistent energy policies on virtually all matters related to energy," George said. "We cannot afford to continue our scatter-gun approach to energy prices, shortages, development and conservation."

 

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House unanimously passes Mirabito bill aimed at helping high-tech businesses grow

 

The Pennsylvania House of Representatives unanimously passed state Rep. Rick Mirabito's bill designed to help high-tech and manufacturing businesses grow in Pennsylvania. The bill (H.B. 1597) would change the state's Second Stage loan guarantee program to keep the two-year age minimum for qualifying businesses but eliminate the current age cap of seven years. It would also retain the 50 percent loan guarantee for the life of the term, but increase the per-loan cap to $5 million. The changes are designed to make the program more accessible to more life-science, high-tech and manufacturing companies.

 

"This bill changes our Second Stage Loan program to enable more high-tech and manufacturing businesses to secure the loans they need to grow and create jobs," said Mirabito, D-Lycoming. "And it does this without spending any new tax dollars."

 

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House passes Houghton proposal promoting energy exploration in Pa.

 

The state House today unanimously passed a bill introduced by Rep. Tom Houghton, D-Chester, that would promote energy exploration and development through Pennsylvania's Clean and Green land preservation program. House Bill 1394 would permit landowners enrolled in Clean and Green to allow energy exploration and extraction of oil and gas on their lands with a smaller tax rollback penalty. The legislation would also allow the development of related facilities and construction of wind and solar power generation systems. The bill would also restrict rollback taxes only to the portion of land where energy exploration and development takes place rather than applying rollback taxes to the entire tract of land.

  

"I applaud my colleagues in the House for supporting this proposal, which I believe will strengthen Pennsylvania's homegrown energy production and move us closer to energy independence," Houghton said.

 

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House passes Kessler bill that would help farmers, boost wind power systems

 

State Rep. David Kessler won unanimous House approval this week for a bill he introduced to help farmers and encourage the development of the wind power industry in Pennsylvania. Kessler's bill (H.B. 984) would allow properties enrolled in the Clean and Green program to be leased for wind power generation systems, provided the leased land is accessible and not sold or subdivided.

 

"This bill would benefit all Pennsylvanians by helping to advance job creation and clean, affordable energy across the state through wind power and preserving farmland," Kessler said. "My legislation would prevent drastic rollback taxes on entire farms where the owners merely want to offer part of their land for this vital clean-energy resource. Instead, rollback taxes would apply only to the portion of land leased for the wind power generation system, and the remainder of the tract would remain eligible for preferential assessment. Without this change, farmers will be deterred from participating in alternative energy projects."

 

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House adopts Levdansky resolution to study property tax reassessments

 

The House adopted a resolution (H.R. 334) this week introduced by House Finance Committee Chairman David Levdansky, D-Allegheny/Washington, aimed at finding ways to improve the state's fragmented method of reassessing property values. Levdansky said his measure authorizes a study to examine the methodology, financing, taxpayer protections and constitutional provisions that impact property tax assessment in Pennsylvania compared to other states.  

 

"This issue has lingered for decades and decades and is just one more factor in Pennsylvania's struggle with property taxes," Levdansky said. "The study will produce a thorough and comprehensive blueprint on how the General Assembly should proceed in enacting a commonsense and uniform assessment process that is fair to all property taxpayers."

 

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House passes White bill on Earned Income Tax Credit notification

 

State Rep. Jesse White, D-Washington/Allegheny/Beaver, said he's optimistic the Senate will act on his bill, which has been passed by the House, that would require employers to notify employees who may qualify for the federal Earned Income Tax Credit. White's proposal (H.B. 271), which passed the House 122-74, would require that employers notify all employees of their potential qualification within one week of providing their annual wage summary, the W-2 or Form 1099, in January.

 

"My bill would make sure that every worker is aware of the EITC program and has the ability to easily access the application process," said White. "Currently, there is no such assurance. In these tough economic times, it is important that working families are aware of every option to stretch their wages to meet their needs."

 

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House passes Gergely bill to protect police officers

 

The Pennsylvania House of Representatives passed a bill this week introduced by state Rep. Marc Gergely, D-Allegheny, that would help police officers cope with situations such as the April murder of three Pittsburgh police officers. His bill (H.B. 1332) would prohibit Critical Incident Stress Management team members, also law enforcement officers but specially trained to speak with their peers, from disclosing information they receive in legal proceedings, trials or investigations. The team members generally do not share the information, but Gergely said his bill would protect them from unmerited requests. 

 

"Police officers all across the state selflessly put themselves in harm's way to help protect all of us," Gergely said. "When they must manage dangerous situations or the loss of a fellow officer in the line of duty, then the statements they make to the specially trained crisis response teams should be private and protected."

 

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DePasquale's toy recall bill passes House

 

State Rep. Eugene DePasquale, D-York, said legislation he authored that would strengthen Pennsylvania's consumer protection laws by targeting unsafe toys and other children's products has unanimously passed the state House. DePasquale said the bill, H.B. 1431, would make it a crime in Pennsylvania to knowingly sell recalled children's products and would give the state attorney general and local district attorneys the authority to prosecute such offenses.

 

"This is common-sense legislation that seeks to protect Pennsylvania's children," DePasquale said. "If a recalled toy is on the store shelf, we need to get it off - period. Parents shouldn't have to fear that items they buy for their children could be unsafe."

 

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House passes Freeman historic preservation program legislation

 

State Rep. Robert Freeman, D-Northampton, announced that his legislation (H.B. 42) to establish the Historic Preservation Incentive Program has passed the House. The program would offer financial grants to homeowners who renovate their eligible historic properties and provide tax credits for the renovation of commercial historic properties.

 

"The grants and tax credits provided for in my legislation would be effective tools for preserving and revitalizing Pennsylvania's vast number of historic properties," Freeman said. "Many of the neighborhoods where these properties exist have been overlooked or succumbed to urban blight over the years. This legislation would give homeowners of historic properties and owners of historic commercial buildings the incentive to restore these significant structures to their former glory. Historic renovation of these properties will enhance their value and help with the overall revitalization of our older urban communities. By revitalizing our historic boroughs and small towns, we make them attractive to new residents and businesses, which provides economic momentum and makes it more likely that we can preserve farmland and open space rather than see it turned into development."

 

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House approves Freeman bill to promote alternative to sprawl

 

A bill introduced by state Rep. Bob Freeman, D-Northampton, to promote traditional neighborhood development as an alternative to sprawl was unanimously passed by the Pennsylvania House of Representatives this week. Freeman said his bill (H.B. 1609) would make changes to current TND provisions to make it easier for municipalities to use them as an alternative to sprawl. Under current law, a TND that is in the form of a new development must be in the form of an overlay zone rather than a designation "by right." The bill would allow municipalities to designate a TND "by right," thereby making it easier to develop mixed-use, traditional neighborhoods.

 

"Traditional neighborhood development is an excellent alternative to the type of sprawl development that consumes vast amounts of farmland and creates traffic congestion nightmares," said Freeman, chairman of the House Local Government Committee. "TNDs are a more compact form of development that use less land, are pedestrian-friendly and provide for a mix of uses and housing options that foster a greater sense of community than conventional suburban developments. A TND creates an actual village or neighborhood rather than a subdivision, thereby reducing dependence on the automobile to meet everyday needs." 

 

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Kula hunting-under-the-influence bill passes House

 

State Rep. Deberah Kula, D-Fayette/Westmoreland, said the House of Representatives has unanimously passed legislation she authored to lower the blood alcohol content, or BAC, limit for hunting under the influence from 0.10 percent to 0.08 percent. Kula's bill (H.B. 1523) would align the BAC under state law governing the Pennsylvania Game Commission with the limit already used by the Fish and Boat Commission and Department of Transportation. She said a law passed last year to lower the limit to 0.08 percent for boating under the influence.

 

"I am thankful to my House colleagues for passing this bill, which would provide tougher alcohol consumption guidelines in our rural areas and forests," Kula said. "Because hunting is a family tradition, it's important we instill responsibility in our young hunters so that this pastime can continue safely for generations to come."

 

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House passes Walko bill on crane operator licensing

 

The House has passed a bill introduced by state Rep. Don Walko, D-Allegheny, that would extend until 2011 the period during which the State Board of Crane Operators could issue licenses without certification. Under H.B. 1551, the applicants would have to have either five or more years of experience or have passed the practical examination of the National Commission for the Certification of Crane Operators.

 

"This bill would ensure that no current crane operator would lose his or her ability to work while the board finalizes regulations," Walko said.

 

 

Josephs bill to ban the forced human implantation of ID devices passes House

 

The Pennsylvania House of Representatives has unanimously passed a bill introduced by Rep. Babette Josephs, D-Phila., that would make it illegal to force or coerce someone into having an identification device implanted on or under his or her skin. Under the bill, a person would have to be at least 18 years old and of sound mind to undergo implantation, and the consent of a parent, guardian or attorney would not be considered consent.

 

"Maintaining our personal and our family's privacy is becoming increasingly difficult," Josephs said. "Any positive impact that an implanted device could have would be eclipsed by the potential damage that could be done if the information was accessed by an outside party not intended to have the information. Government organizations, independent researchers, members of the technology industry and civil liberties watchdog groups have all expressed concern about the personal security threat posed by implantation of an ID device."

 

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COMMITTEE ACTION

 

Table games impact subject of Gaming Oversight meeting 

 

The House Gaming Oversight Committee held a meeting this week to examine a report that details the financial and employment impact of implementing table games at Pennsylvania's 14 licensed slot-gaming facilities. Committee Chairman Dante Santoni, D-Berks, said the committee is exploring the concept of table games in light of recent interest in adding the games and using the proceeds, at least temporarily, to help Pennsylvania address state budget shortfalls. Pennsylvania's current budget deficit is estimated at $3.2 billion. The committee has before it legislation (H.B. 21) that would permit table games at Pennsylvania's licensed casinos. Licensees that implement table games would pay a $10 million fee and $500,000 annual renewal fee. Revenues derived from the games would be sent to the state's Property Tax Relief Fund to reduce school taxes. A local share assessment of 2 percent for host municipality and county projects and a 1 percent assessment for agriculture-related programs also are part of the bill.

 

"Pennsylvania and states across the nation are struggling to close budget gaps and attract jobs for residents," Santoni said. "State residents should reasonably expect the legislature to look at all potential revenue sources available to close the massive budget gap we are facing. Using this potential funding stream to ensure a balanced budget for one or two years may be practical."

 

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Committee approves Boyle's repeat violent offender legislation

 

The state House Judiciary Committee has approved legislation proposed by Rep. Brendan F. Boyle, D-Phila./Montgomery, that would increase prison sentences and end early parole for repeat violent criminals in Pennsylvania. The committee voted in favor of Boyle's legislation (H.B. 1567), which would increase prison sentences for second- and third-strike offenses for repeat violent offenders and eliminate the possibility of early parole.

 

"While this proposal was inspired by several police killings in Philadelphia, it has the potential to save the lives of innocent bystanders across Pennsylvania," Boyle said.

 

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Energy panel OKs severance tax bill  

 

State Rep. Camille "Bud" George, D-Clearfield, said the House Environmental and Resources Committee has approved his legislation that would enable Pennsylvania to receive a fair return for its valuable natural gas supplies. House Bill 1489, approved on a 15-11 committee vote, calls for a 5 percent tax on the gross value of gas extracted and 4.7 cents for every thousand cubic feet of gas produced. The tax would not apply to smaller "stripper" wells producing 60,000 standard cubic feet a day or less.

 

"House Bill 1489 would ensure that Pennsylvania joins almost every gas-rich state in seeking a fair return for its taxpayers for the removal of a natural resource owned by the Commonwealth and requiring use of taxpayer-paid infrastructure to extract," said Rep. George, committee chair. "The Natural Resource Severance Tax Act creates a fair contract with the gas industry for its profitable ventures in Pennsylvania's Marcellus Shale gas deposit."

 

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Bill to aid pre-K programs clears House committee

 

A bill authored by state Rep. Mark Longietti that would allow businesses to receive a tax credit for supporting additional education programs, including pre-kindergarten programs for needy children, was approved by the House Education Committee this week. House Bill 1615 would allow summer pre-kindergarten educational programs that run at least 20 days with at least 40 hours of instruction to qualify for the state's Educational Improvement Tax Credit program, which provides tax incentives to businesses that donate to tuition scholarship or school improvement funds.

 

"Pre-K and similar programs that don't currently fall under the EITC law are worthy of financial support by the local business community," Longietti said. "They have a proven track record of preparing many of our children for kindergarten and beyond. I am sure there are many summer pre-kindergarten educational programs across the state that would benefit from this legislation."

 

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House committee approves Eachus proposal to address judicial corruption

 

Members of the state House Judiciary Committee today unanimously approved a measure introduced by state Rep. Todd A. Eachus, D-Luzerne, which would create an Inter-branch Commission on Juvenile Justice to examine the judicial corruption case in Luzerne County and seek to restore public confidence in Pennsylvania's juvenile courts. Eachus said his legislation (H.B. 1648) is the product of a joint effort by leaders from all three branches of Pennsylvania's government. Eachus worked alongside state Sen. Lisa Baker, R-Luzerne; Pennsylvania Supreme Court Chief Justice Ronald D. Castille; and Gov. Edward G. Rendell to develop this bipartisan, over-arching approach to addressing the fundamental problems that led to the corruption in Luzerne County.

 

"These two judges took it upon themselves to abuse the system and misuse their authority for financial gain, and they need to be punished to the fullest extent of the law," Eachus said. "But we also need to learn from what happened in Luzerne County and examine the systematic flaws in our juvenile justice proceedings. We owe it to the people of Pennsylvania to do whatever it takes to ensure that what went wrong in Luzerne County never happens again anywhere in Pennsylvania."

 

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Judiciary Committee approves organized retail theft legislation

 

State Rep. Tom Caltagirone, D-Berks, chairman of the House Judiciary Committee, said the committee has approved his organized retail theft legislation. Caltagirone's bill (H.B. 1720) would make participating in organized retail theft a crime in Pennsylvania.

 

"The intent of this legislation is to criminalize not only the actual act of retail theft, which is already illegal, but to make participation in any part of these criminal organizations a crime," Caltagirone said. "These organizations, many of which operate across state lines, can overwhelm retailers with large numbers of shoplifters simultaneously, rendering normal in-house security staff inadequate. Losses can total hundreds of thousands of dollars per day per retailer," he said. "This bill would give law enforcement the ability to fully prosecute individuals involved in these organizations."

 

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Barbin's bill to protect veterans' institutions voted out of the House veterans committee

 

State Rep. Bryan Barbin, D-Cambria, said he is working to get prompt consideration by the full House of his legislation (H.B. 1713) that would keep funding for the veterans' facilities from being eliminated in the pending state budget. The measure was unanimously voted out of the House Veterans and Emergency Preparedness Committee last week.

 

"While we remain at war, it is critical that we protect the morale of our soldiers by keeping the promises we have made to our veterans. Anything less demeans their sacrifice," said Barbin. "By shutting down veterans' facilities, what are we telling them? We must keep these places running."

 

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