The Legislative Week in Review

Recent legislative activity by PA House Democrats

 

Feb. 16, 2010

PASSED THE HOUSE AND SENATE

 

Governor signs Harhai coal refuse disposal bill into law

 

Gov. Ed Rendell has signed a bill sponsored by state Rep. Ted Harhai, D-Westmoreland, that will reduce the spread of coal refuse piles on new property. The new law (Act 4 of 2010) designates property conditions that make a site more acceptable to coal refuse than a new location. The preferred sites include property already used for coal refuse or adjacent to an existing coal refuse site. Other conditions that would establish property as a preferred site for coal refuse include a watershed already polluted by acid mine runoff that would not be made worse by the new refuse, or an unreclaimed surface mine refuse pile where the runoff situation could be improved by a new refuse disposal operation.

 

"From our long and costly experience of dealing with the aftermath of mining and disposal of mine refuse over the past 150 years, we know that any future projects must be carefully sited and operated to ensure against worsening the runoff problems that plague many local watersheds and, where possible, to reverse the damage," said Harhai. "The new law that I proposed and the governor has signed will prevent mine and refuse pile runoff from expanding, and help us mitigate existing environmental damage. A great deal of money and work has been committed to reversing mine runoff damage. It would be a great waste to allow any new watershed problems to develop."

 

-- Click here for more information.

 

 

COMMITTEE ACTION

 

House committee advances Myers surplus food bill

 

State Rep. John Myers, D-Phila., said he's hopeful the House will take swift action to consider a bill he's sponsoring that would encourage farmers and food processors to donate excess products to food banks. The Agriculture and Rural Affairs Committee recently voted to send the measure (H.B. 2139) to the full House. Under the bill, the Department of Agriculture would identify in-state farmers, processors and packers willing to donate surplus food and develop a cost-effective 76mechanism for delivery of those products to maximize freshness. The program would encourage donations through strategies such as reimbursement for services to prepare the goods for transportation and distribution to programs that assist low-income families in meeting their nutritional needs.

 

"For the segment of our population unable to purchase their day-to-day meals, and who depend on the good people at our food banks and pantries and other resources, it is vital that their food intake not depend solely on heavily processed food with large amounts of sodium and sugars, but fresh and frozen produce from the fields of Pennsylvania," Myers said.

 

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Shapiro's trademark counterfeiting bill approved by committee

 

State Rep. Josh Shapiro, D-Montgomery, has secured the House Judiciary Committee's unanimous approval for his bill to strengthen Pennsylvania's trademark counterfeiting law. Shapiro's bill (H.B. 2133) would reinstate trademark protections that were overturned last October by the state Supreme Court and clarify the offense of trademark counterfeiting. Since the ruling in October, law enforcement agents have been limited to misdemeanor charges in trademark counterfeiting cases.

 

"This legislation is needed, as my bill seeks to remedy a gaping hole in our law," explained Shapiro. "My bill will help law enforcement punish trademark counterfeiters and ensure that products sold to Pennsylvanians are legitimate. This is an important tool needed to protect businesses and consumers in our state."

 

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Bill would introduce joint custody presumption in Pa. child custody law

 

Legislation sponsored by state Rep. Robert E. Belfanti, D-Northumberland/Montour/Columbia, would require courts considering child custody cases in Pennsylvania to begin those cases with a presumption that both parents have an important role to play in the care of a child after they separate or divorce. The legislation (H.B. 463), which was examined recently as part of a House Judiciary subcommittee hearing on child custody issues in Pennsylvania, would create a rebuttal presumption in state law that joint custody is in the best interest of a child.

 

"The state's current 'best interest of the child' standard is too often based on outdated, inaccurate or stereotypical views of parenting in our society and the relationship that each parent has with a child," Belfanti said. "Under my legislation, the goal in every child custody case would still be finding an arrangement that represents the best interest of the child, but we would start from a presumption that joint custody represents that best interest and work from there, not the other way around."

 

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House subcommittee examines child custody reform

 

Legislation introduced by state Rep. Kathy Manderino, D-Montgomery/Phila., that would make comprehensive revisions to Pennsylvania's child custody laws was among several bills that were the focus of a recent public hearing held by the House Judiciary Committee's Subcommittee on Family Law, chaired by Manderino. Under Manderino's bill (H.B. 1639), courts would be prohibited from assuming that custody should be awarded to a particular parent. Instead, courts would have to consider a comprehensive list of factors, including which parent is more likely to encourage and permit frequent contact with the other parent, the parental duties of each parent, the need for stability and continuity in the child's education, family life and community life, and availability of extended family, the child's sibling relationships and others. 

 

"The overall goal of this proposal is to level the playing field for both parents in Pennsylvania's court system," Manderino said. "When in the best interest of the child, both parents should share in the responsibility and right of raising their child after a separation or divorce. This legislation would make that concept the cornerstone of Pennsylvania child custody law.

 

-- Visit www.pahouse.com/Manderino for more information.

 

 

Senate committee approves DeLuca consumer protection bill

 

The Senate Banking and Insurance committee has approved a bill introduced by state Rep. Tony DeLuca, D-Allegheny, that would require credit insurance companies to refund customer premiums when a policy is terminated before its original expiration date. DeLuca's legislation, H.B. 526, would require insurance policies to include a refund on the remaining premium and provide written notice to the debtor on how to obtain a refund.

 

"Under my bill, when people no longer need credit insurance, they would be able to receive a refund," DeLuca said. "I introduced this bill with the consumer in mind because it would make sure that when the policy debt ends, people would be able to get quick refunds on the remaining policies."

 

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