An update of recent legislative activity by
Pennsylvania House Democrats

March 16, 2007

 

State House approves sweeping reforms

 

The state House this week adopted a host of rules changes based on public input and designed to make the House more open and accountable to the people of Pennsylvania.

 

The reforms, contained in a resolution (H.R. 108) introduced by Rep. Josh Shapiro, D-Montgomery, who served as co-chairman of the Speaker's Commission on Legislative Reform, represent the most significant change to Pennsylvania government in more than a decade.

 

Highlights of H.R. 108 include new rules that:

o       Prevent votes after 11 p.m. unless in case of emergency and requiring approval of 75 percent of the House to suspend;

o       Require members to be in the House chamber to vote and repealing "Harrisburg legislative leave;"

o       Require a 24-hour waiting period on any vote on concurrence on a bill that has come from the Senate;

o       Require a 24-hour waiting period before a final vote on any bills amended on third consideration;

o       Make House expense reports and complete House payroll information available;

o       Eliminate private vehicle leasing (existing leases will continue for the term of the lease);

o       Require members to file for per diems and other reimbursement of expenses within 90 days of incurring the expense;

o       Require the posting of House floor votes, committee votes and hearing testimony online;

o       Prevent the Rules Committee from amending bills returned from the Senate on concurrence;

o       Ban members from forming nonprofit organizations whose primary purpose is to receive state funds at the direction of the member;

o       Prohibit public service announcements and constituent outreach telemarketing in the 60 days preceding primary and general elections in even-numbered years.

 

"Good government is government that works for and by the people it seeks to represent, not just for and by the powerful few," Shapiro said. "The changes we voted on will bring more transparency to this legislative body, which will result in better legislation for the people we represent."

 

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Majority Democrats unveil 'Agenda for PA Progress'

 

House Majority Leader Bill DeWeese and Whip Keith McCall this week outlined the House Democratic Majority policy agenda for the 2007-08 legislative session during a Capitol news conference with other leaders and majority committee chairmen.

 

The agenda will focus on issues such as health-care coverage, long-term care, education, transportation and alternative energy. The governor's proposals in these areas will be introduced and referred to the appropriate committees.

 

Democratic leaders and committee chairmen also said they will focus on changing the legislative process this session. To develop and pass legislation, majority committee chairmen will be holding hearings across the state, listening to expert testimony, talking to the public and forging compromise among majority and minority rank and file members instead of relying on a leadership-driven, top-down governing style.

 

"We are going to aggressively move forward by asking our committee chairmen to solve the problems that the vast majority of Pennsylvanians are clamoring for -- they want their property taxes cut … they want affordable health-care coverage ... they want the best schools and safe roads ... they want us to do our part to reduce our reliance on foreign oil ... they want us to create jobs and strengthen our economy," DeWeese said.

 

"We will ask our chairmen to hold hearings and get input on those proposals," McCall said. "But that's not all. In addition, we are asking our chairmen and chairwomen to work on bipartisan solutions to many other issues. House Democratic leaders are proposing to seriously empower our chairmen to get out and listen to the people."

 

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Mann child pornography bill voted out of
House Judiciary Committee

 

Legislation introduced by Rep. Jennifer Mann, D-Lehigh, that would further protect children from sexual predators was voted out of the House Judiciary Committee this week.

 

The bill (H.B. 35) would make viewing child pornography a crime under Pennsylvania law. Under current law, only the possession of child pornography is punishable, not merely viewing it.

 

"We have to do everything we can to protect our children from sexual predators who will abuse and exploit their innocence," Mann said. "This measure is a further safeguard for our kids, and helps give law enforcement and the courts more muscle to prosecute criminals who engage in this type of deviant behavior."

 

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Committee OKs Mundy requiring parental
notification of subpoenas

 

A bill introduced by Rep. Phyllis Mundy, D-Luzerne, that would require parents to be notified if their child is subpoenaed to appear in court was moved out of the House Judiciary Committee this week.

 

The legislation (H.B. 301) would require that parents, guardians or legal custodians also be provided with a copy of a subpoena that is served to a minor.  

 

"Parents or a legal guardian should be notified when the minor they are responsible for is ordered to appear in court," Mundy said. "Should a child forget or choose not to tell his or her parents about it, it could result in a delay in legal proceedings. Just as parents are expected to make sure their child is in school and receives proper medical care, those same expectations should apply to the legal system."

 

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Mundy proposal would protect foster children

                                                                                                                                              

A proposal reintroduced by Rep. Phyllis Mundy, D-Luzerne, to ensure the protection of Pennsylvania foster children has been unanimously approved by the House Children and Youth Committee.

 

The bill (H.B. 302) addresses the basic needs that weigh greatly in a child's quality of life, including a safe and healthy home, access to medical care, a quality education, access to life skills training, preservation of ethnicity and culture, and safety from mental, physical, sexual or emotional abuse. A copy of the act would be provided to every foster family and child whenever a placement is made.

 

"This legislation was inspired by heart-breaking testimony that I heard as a member of the Task Force on Services to Children and Youth from former foster children who suffered abuse and neglect at the hands of those responsible for caring for them," Mundy said. "Children within the foster system need to know that we are aware of their concerns, and that there are adults who are watching out for their best interests and working to protect them from danger."

 

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Committee approves Santoni constable measure

 

School board members would be allowed to run for the office of constable under a measure approved this week by the House Education Committee.

 

The bill (H.B. 503) was introduced by Rep. Dante Santoni, D-Berks. Current state law requires school board members who are elected to the office of constable to resign their school board post.

 

"We run the risk of losing school board members who are qualified and dedicated to the school districts they serve, and I simply think that it's not a conflict of interest to hold both positions simultaneously," Santoni said. "Neither job diminishes one's ability to do the other."

 

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Bishop wants recognition for Native Americans in Pa.

 

Rep. Louise Williams Bishop, D-Phila., has reintroduced legislation (H.B. 136) that would provide formal state recognition to Native Americans in Pennsylvania and establish a state Commission on Native American Affairs.

 

In addition, a companion resolution (H.R. 37) would create a special committee to study whether Native Americans are treated fairly across the state.

 

"The state of Pennsylvania has a rich history and culture, in part because of the work and heritage of Native Americans, and it is only fitting that we recognize their role in our Commonwealth's history," Bishop said.

 

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Surra reintroduces conditional teacher certificate measure

 

Rep. Dan Surra, D-Elk/Clearfield, has reintroduced legislation that would allow people in Pennsylvania with bachelor's or graduate degrees in education to obtain conditional teaching certificates if they have passed their subject-related teacher assessment tests.

 

Under the bill (H.B. 634), education graduates who pass the subject-related portions of their Praxis test would be permitted to apply for conditional teacher certification in Pennsylvania. The conditional certification would allow them to apply for and obtain a teaching position for up to two years while being closely supervised and evaluated by school administrators. After two years, conditional teachers could be granted full certification by the state at the recommendation of the school district they are working for.

 

"Pennsylvania ends up losing many potential teachers to other professions because they get frustrated at the repeated expense and hassle of trying to pass parts of the Praxis test not related to the subject they will be teaching," Surra said. "Our schools are missing out on potentially talented and motivated young teachers because they aren't being given a chance to prove themselves in the classroom."

 

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Walko introduces bills to protect long-term care patients

 

Rep. Don Walko, D-Allegheny, has reintroduced four bills designed to protect patients, particularly those in long-term care. Current state law lacks protections for many care-dependent people in small personal care homes.

 

The legislation (H.B.s 642, 692, 693 and 695) would require all private care residences to register with the state and give the state Department of Public Welfare the authority to inspect them; apply the crime of neglect of a care-dependent person to situations when serious neglect occurs in a private care residence; make sure that people who need long-term care services would be referred to facilities that meet their individualized needs; and require health-care facilities to develop, implement and administer physician-approved discharge plans for patients based on the individual patients' assessed needs, regardless of the setting to which a particular patient is being discharged.

 

"With more citizens choosing home-like settings to address their personal care needs, a serious gap exists in law as to a provider's accountability for providing needed services," Walko said. "Pennsylvania currently has no law that places any requirements on private residences that offer personal care services to fewer than four adults unrelated to the owner."

 

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James introduces bill to establish 'earned time' system

 

Rep. Harold James, D-Phila., has introduced a bill to create a system to encourage good behavior in prison.

 

James' bill (H.B. 678) would implement a system of "earned time" for prisoners who have no infractions while serving their sentence. The earned time would be deducted from an inmate's minimum sentence, allowing the Board of Parole, at its discretion, to release a prisoner early.

 

Early release time already earned could be revoked for violations by inmates. 

 

"Some people adjust their undesirable behavior almost immediately after being imprisoned," James said. "People who learn their lesson promptly and change their behavior in a positive way should be able to earn an earlier release date, while still serving adequate time to repay their debt to society."

 

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Grucela bill would give surveyors recourse for nonpayment

 

Rep. Rich Grucela, D-Northampton, has introduced legislation that would allow surveyors to secure payment for their services by placing a lien on the property surveyed.

 

The measure (H.B. 767) would allow surveyors to have a priority lien on a property for which they have provided services in much in the same way that contractors may have a priority lien to secure payment for services they provide on structures they erect or repair. Currently, surveyors often have no recourse when they remain unpaid for their services.

 

"A professional who renders a service should be paid for that service," Grucela said. "Surveyors provide a critical element to deciding land usage and its boundaries. Their expertise should be valued, and they should be provided with the same tools many other professionals have to do their jobs adequately."

 

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Galloway ganging up on violent gangs  

 

Rep. John Galloway, D-Bucks, is taking aim at youth gang violence in Pennsylvania by introducing legislation that would raise funds for the Gang Resistance Education and Training Program.

 

G.R.E.A.T. was developed in 1991 through the coordinated efforts of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives and the Phoenix Police Department. In 1998 the program became available in Pennsylvania through the Philadelphia Police Department. The legislation (H.B. 806) would create a special G.R.E.A.T. license plate; $15 of each plate purchased would fund the G.R.E.A.T. program. The plate would be similar to the current D.A.R.E. license plate.

 

"Gang violence is not just a big city problem. Suburban communities and rural towns are also seeing its impact," Galloway said. "This is a statewide problem that needs the kind of statewide solution G.R.E.A.T. offers."

 

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Bipartisan measure offered to strengthen
local UCC appeals boards

 

Rep. Dan Surra, D-Elk/Clearfield, has introduced legislation that would give local Uniform Construction Code boards of appeal more power to grant residents waivers from unnecessary UCC requirements.

 

The legislation (H.B. 816) would revise the UCC law to give local appeals boards the authority they need to waive UCC requirements in circumstances where they aren't necessary for public safety or when they conflict with an individual or group's religious beliefs.

 

"Local boards can grant appeals of the UCC in very limited circumstances, but the boards don't have the flexibility they need to grant residents relief from UCC requirements in all cases where it makes sense," Surra said. "The changes we made to the UCC law in 2004 were a good start at reducing cost and hassle for homeowners and other do-it-yourselfers, but many people still face unnecessary costs and bureaucratic red tape when trying to improve their property. This legislation would allow local UCC appeals boards to provide relief from these burdens where and when it can be done without compromising safety."

 

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Cruz looking to ban students from
having cell phones in school

 

Rep. Angel Cruz, D-Phila., will introduce legislation that would prohibit students from having cell phones in Pennsylvania schools.

 

The bill would place cell phones and other electronic devices that record or play audio and video material on the list of prohibited electronics, which already includes beepers and pagers. The measure would not apply to students who are volunteer firefighters or need a cell phone to tend to family members with a serious medical condition.

 

"Cell phones have no place in a classroom because they are a nuisance, especially when they go off in class and disrupt the work of our teachers," Cruz said. "Also, cell phones, camera phones and other devices that can record audio or video are being used by students to cheat on tests and violate other school policies."

 

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Shimkus bill would encourage business investment
in local education

 

Rep. Frank Andrews Shimkus, D-Lackawanna, is preparing to introduce legislation that would increase funding for a tax incentive program for businesses to get more involved in promoting local education programs.

 

The EITC program, enacted in 2001, provides businesses with a tax credit if they donate to a nonprofit scholarship or education improvement plan involving pre-kindergarten to 12th-grade students from financially eligible families. The bill would add $1.4 million to the overall scholarship programs allocation, bringing the total to $55.4 million for fiscal year 2007-08.

 

"We recently lost a number of parochial schools in northeastern Pennsylvania that were forced to close because of financial reasons, further limiting options for students to attend the school of their choice," said Shimkus. "As we expand the pool of funds for tax credits, hopefully more businesses will take advantage of the Educational Improvement Tax Credit program. By pulling in more scholarship funds to the area, we could use the EITC program to help to prevent the loss of more schools in the future."

 

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Cohen works to make program to encourage nursing students permanent

 

As part of a plan to help reverse the shortage of health-care professionals in the Commonwealth, Rep. Mark Cohen has introduced legislation that would make the state's Nursing Shortage Initiative program permanent, and keep it funded in the state budget.

 

The initiative currently is administered by the state Department of Labor and Industry; however the governor has proposed eliminating its funding and relying on the Pennsylvania Higher Education Assistance Agency to pick up the program. Cohen's bill would instead make the initiative permanent and divide funding for it between Labor and Industry and PHEAA. The program provides an incentive to nurses and nursing students to work in areas with critical shortages.

 

"We are soon going to encounter a health-care crisis in our state that stems from our nursing shortage. The shortage of nurses and other skilled health-care professionals will have an overwhelmingly adverse impact on health care in our state," Cohen said. "It is crucial that we take steps now to plan for the impending emergency."

 

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