The Legislative Week in Review

An update of recent legislative activity by
Pennsylvania House Democrats

June 22, 2007

 

PASSED THE HOUSE

 

DePasquale, Pa. House moving forward with energy independence strategy

 

The House passed a major portion of the governor's Energy Independence Strategy this week. The bill (H.B. 1200), introduced by Rep. Eugene DePasquale, D-York, would expand the Pennsylvania Economic Development Authority to provide tax credits, grants and loans, and other incentives to alternative energy manufacturers and energy-efficient companies. In addition, the bill would provide rebates and incentives to consumers for replacing inefficient household appliances and using solar power.

 

"By passing my bill, members of the House are supporting a plan to invest tax dollars in domestically produced clean energy right here in Pennsylvania, something the residents of this state support," DePasquale said. "The public is willing to pay a small price each year to encourage these investments because they know the savings will be substantial in the long run."

 

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Clean fuels and energy independence bill passes House

 

The state House passed Rep. Mike Gerber's landmark clean fuels legislation this week. The Clean Fuels and Energy Independence Act (H.B. 1202) would make Pennsylvania more energy-independent and put the state in the forefront of the alternative fuel economy. Specifically, the legislation would: mandate the blending of 10 percent ethanol in gasoline and eventually 20 percent biodiesel in diesel fuels once in-state production reaches certain levels; establish production and distribution standards to advance the shift to cleaner and cheaper domestic fuel sources; and stimulate the Pennsylvania economy with in-state production of these renewable fuels.

 

"This is a great step toward making Pennsylvania a cleaner and more energy-independent state thanks to the support and leadership demonstrated by my colleagues in the House," Gerber said. "I'm especially pleased with the bi-partisan support that my legislation received."

 

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Sainato bill to protect people from ID theft via cell phone passes House

 

Rep. Chris Sainato, D-Lawrence/Beaver, said he is pleased the House of Representatives has passed his legislation to protect people from identity theft by banning the use of cell phones to capture personal information or documents. The measure (H.B. 441) would make it illegal to photograph or record citizens' personal information such as Social Security or credit-card numbers with camera phones or recording devices.

 

"There have been instances where someone's personal information was captured in the grocery line with a camera phone," Sainato said. "My bill would protect people from electronic theft so they wouldn't have to suffer the problems that stem from having their identity stolen."

 

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House passes bills to protect patients, heart-lung machine professionals

 

Rep. Dante Santoni, D-Berks, said the House of Representatives unanimously passed two health-care bills he introduced this week and sent the legislation to the Senate for consideration. House Bills 500 and 501 would require perfusionists, the medical professionals who run heart-lung machines during complicated procedures such as open heart surgery and live-donor organ transplants, to be licensed to practice in Pennsylvania, and would add a perfusionist to the state Board of Medicine and the state Board of Osteopathic Medicine.

 

"These bills would protect patients in the operating room and protect the medical professionals who have gone through the necessary training to be able to practice their profession," Santoni said. "Complex, life-saving procedures are becoming more common, and as the demand for perfusionists rises, state law needs to be updated to reflect how much we value their role in our health-care system."

 

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House passes Surra county audit bill

 

The state House has passed legislation introduced by Rep. Dan Surra, D-Elk/Clearfield, that would give county auditors an extra three months to complete annual county audits and make their reports to the state Department of Community and Economic Development. The legislation (H.B. 635) would extend the deadline for completing county audits from April 1 to July 1 of the year following the year being audited, and also give counties until July 1 to provide a fiscal report to the common pleas court and the state Department of Community and Economic Development.

 

"Counties are responsible for many more programs and services than they were years ago, and have their budgets tied into municipal, state and even federal revenue sources more than ever before," Surra said. "It's important for auditors to have the time they need to ensure taxpayers are protected, and to keep them from constantly having to ask the court for extensions on these audits." 

 

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Bishop lease protection bill passes House

 

Rep. Louise Williams Bishop, D-Phila., said the House of Representatives this week passed a bill she introduced that would allow tenants with a terminal or mental illness to discontinue their residential rental leases with one month's written notice. Under the legislation (H.B. 810), renters who develop psychological problems or terminal medical conditions that force them to leave an apartment or house they are renting would be able to terminate their lease with one month's notice, provided they have a doctor's certification. In addition, the bill also would require landlords to provide access to the apartment or house to whomever the tenant or doctor designates in writing, should the need arise.

 

"Under current law, tenants who are forced to break a lease due to chronic health problems face stiff penalties for doing so," Bishop said. "My legislation would protect renters from being penalized for situations beyond their control."

 

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APPROVED IN COMMITTEE

 

House Liquor Control Committee approves Waters legislation

 

Rep. Ronald Waters, D-Phila./Delaware, announced that a bill (H.B. 606) he introduced that would require restaurant, eating place, retail dispenser, hotel club or distributor licensee managers to complete the Responsible Alcohol Management Program manager/owner training offered by the Pennsylvania Liquor Control Board has been endorsed by the House Liquor Control Committee. The legislation would further stipulate that, upon appointment, a manager would have 180 days to comply with the RAMP training requirement.

 

"It is important that we require managers at licensed establishments to be trained under RAMP and be aware of Commonwealth's liquor service laws," Waters said. "With this bill, I aim to ensure responsible liquor service at establishments throughout the state."

 

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Payton school breakfast bill would help kids get healthy start to day

 

Legislation sponsored by state Rep. Tony Payton Jr., D-Phila., that would give kids a healthy and nutritious start to their school day was reported out of the House Education Committee this week and will now go before the full House of Representatives for consideration. The bill (H.B. 908) would require schools with high percentages of low-income students to provide breakfast programs. The bill also would provide incentive funding for school districts to adopt the Pennsylvania Department of Education's recommended Guidelines for Nutritional Standards.

 

"Eating breakfast is the first step toward a productive school day and a healthy lifestyle," Payton said. "This legislation would invest $6.5 million in the health of Pennsylvania's children by ensuring that more students have access to school breakfast, and by improving the nutritional quality of food sold in cafeterias and vending machines."

 

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Longietti: Common Cents proposal receives committee support

 

Rep. Mark Longietti, D-Mercer, announced that the House Education Committee has endorsed a measure he introduced that would establish a Common Cents program to encourage school districts to explore more efficient delivery of school services. The measure (H.B. 1021) would provide funding for school districts to explore and implement the possibility of sharing certain services to reduce costs and improve quality. The program would be voluntary and funding would be used to study shared services in 11 different areas, including transportation, administration, purchasing, technology, and safety and security.

 

"This program could be a significant tool for many school districts across the Commonwealth so they could study what the most efficient use of tax dollars could be and provide more efficient services to their students and communities," Longietti said. "It would not be a mandated program - simply a resource for schools to utilize."

 

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House committee OKs Casorio workers' comp bill

 

The House Labor Relations Committee has approved legislation that would classify hepatitis C as an occupational disease for a number of jobs involved with law enforcement in the state. Rep. James E. Casorio Jr., D-Westmoreland, sponsored one of the bills (H.B. 1025), which would classify hepatitis C an occupational disease for state Fish and Boat and Game Commission officers, officers of the Department of Natural Resources, and port authority officers in Pennsylvania.

 

"Because these employees are involved in some capacity in law enforcement, and at times are called on to deal with medical emergencies, they are at increased risk of contracting hepatitis C from other people who may be infected," Casorio said. "Their jobs necessitate risking their own health and safety, so when they contract a potentially life-threatening disease while performing their job, they should not have to go through a protracted legal process to receive the workers' compensation benefits they deserve."

 

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Committee backs Wagner/Smith biomedical proposal

 

The House Health and Human Services Committee has moved legislation proposed by state Reps. Chelsa Wagner and Matt Smith, both D-Allegheny. The legislation (H.B. 1142) would create a Jonas Salk Legacy Fund to directly support the advancement of Pennsylvania's capacity in biotechnology, medical technology, pharmaceuticals, and research and development. Grants would focus on capital investments in facilities and research infrastructure, as well as provide specialized equipment for newly recruited faculty to convert and upgrade research facilities in universities and colleges across the state.

 

"The research funded through this investment could lead to the next great medical advancement, save lives and produce a higher quality of medical care for everyone," Wagner said.

 

"This legislation is a prime example of how government can be a catalyst to spur project development and economic growth," Smith said. "These investments would pay off medically and economically for generations to come."

 

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Longietti gains support on bill to crack down on 'chop shop' loophole

 

Rep. Mark Longietti, D-Mercer, announced that legislation he introduced to strengthen language in Pennsylvania law regarding "chop shops" was unanimously approved by members of the House Judiciary Committee on Tuesday. The bill's (H.B. 1147) enhanced language would head off insurance scams in which owners give their car to chop shops, then report it stolen for the insurance, while chop shop operators successfully argue these cars were not stolen or illegally obtained. 

 

"In many cases, neither the chop shop owner nor the car owner could be prosecuted under the current chop shop law while law-abiding Pennsylvanians are saddled with paying higher insurance costs," Longietti said.

 

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Daley's school district boundaries bill moves forward

 

The House Education Committee has voted unanimously to report a bill that would allow students who live in two school districts to attend the closest school. House Bill 1170, introduced by Rep. Peter J. Daley, D-Washington/Fayette, would allow students whose residential property is located in more than one school district to attend the closest school district regardless of school district boundaries.

 

"Last year when I was the Agriculture chairman, I heard complaints from families with large farms that their children were being forced to go to a school that was located much farther away," Daley said. "It made absolutely no sense that they had to travel miles out of their way when another school was right around the corner. This only affects probably 50 to 100 families around the state, but it will make a difference in their children's lives."

 

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'Combined reporting' would make Pa. business taxes fair

 

Legislation that would close loopholes that allow some businesses to avoid paying taxes in Pennsylvania has been reported out of the House Finance Committee, according to the bill's sponsor, Rep. David K. Levdansky, D-Allegheny/Washington. The bill (H.B. 1186) would implement recommendations in the Governor's Business Tax Reform Commission by requiring companies to report all in-state and out-of-state revenues and then pay taxes on the percentage earned in Pennsylvania. Current loopholes in Pennsylvania tax law allow major corporations to avoid taxation by shifting profits to out-of-state subsidiaries. 

"Many corporations earn profits nationwide, but have developed an accounting scheme to avoid paying their full share of Pennsylvania's Corporate Net Income tax," Levdansky said. "The practice is costing Pennsylvania hundreds of millions of dollars in lost revenue. It is simply unfair that many businesses pay their fair share, while others pay little or nothing."

 

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Solobay's nurse scope of practice bill moves forward

 

A bill sponsored by Rep. Tim Solobay, D-Washington, that would allow certified registered nurse practitioners to practice to the fullest extent of their training and education was reported from committee this week and is one step closer to being voted on by the full House. House Bill 1253 would allow CRNPs to take on such duties as performing and signing off on workers' compensation and cosmetology license physicals; conducting psychiatric evaluations; and ordering home health and hospice care, medical equipment and physical and occupational therapy for patients.

 

"We have long waits in hospital emergency rooms and doctors' offices," Solobay said. "Allowing our certified registered nurse practitioners to take on more responsibilities would reduce those waiting times, take a load off our over-burdened emergency rooms, lower medical costs and provide better availability of health care for the people of Pennsylvania."

 

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Siptroth's bill for safe disposal of needles passes legislative hurdle

 

Rep. John Siptroth, D-Monroe/Pike, said legislation that he introduced was voted out of committee this week, putting it one step closer to final passage in the House. The bill (H.B. 1320) would create a program to encourage people to safely dispose of hazardous medical sharps - needles, syringes or lancets used for testing or medicating - that are generated at home. This could include a mail-back program, drop-off sites, curbside pickup or home destruction devices. In addition to creating a disposal program, the Department of Environmental Protection also would be required to inform the public about safe disposal of sharps through an educational program.

 

"More than 3 billion home-based sharps are mixed in with other garbage each year, and every one of those sharps poses a significant danger to workers," Siptroth said.

 

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Gerber smoke-free bill advances to full House

 

The proposed Smoke-Free Pennsylvania Act, (H.B. 1541) sponsored by Rep. Michael Gerber, D-Montgomery, was overwhelmingly approved this week by the House Health and Human Services Committee with strong bipartisan support and only one negative vote. All amendments were withdrawn. Now the bill heads to the full House for consideration. Gerber's legislation would provide a smoke-free environment in all public places across Pennsylvania, protecting people from the hazardous effects of secondhand smoke and potentially reducing smokers' intake.

 

"There are no more excuses for the legislature to continue sidestepping what was once a controversial issue," Gerber said. "There is strong bipartisan support for immediate action because my colleagues realize this is no longer a mere nuisance issue. We now have undeniable evidence that secondhand smoke is a proven, serious health risk."

 

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DeLuca bill would reduce health-care associated infections

 

The House Insurance Committee has approved a bill introduced by Rep. Tony DeLuca, D-Allegheny, which would develop a state and regional facility-based system to monitor and prevent health-care associated infections at medical facilities in Pennsylvania. The measure (H.B. 1552) is part of the governor's "Prescription for Pennsylvania" plan that is designed to increase access to affordable health-care coverage and services, and reduce the cost of health care, in Pennsylvania.

 

"My bill would create an infection control advisory committee that would work together with other state agencies to monitor specific cases of hospitalized patients' infectious diseases," DeLuca said. "The more we keep an eye on the number of infectious incidents at hospitals, the better we should be able to reduce the number of health-care acquired infections."

 

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Longietti health-care reform bill endorsed by Insurance Committee

 

Rep. Mark Longietti, D-Mercer, announced legislation he introduced that would expand access to health insurance coverage to many of Pennsylvania's young adults was endorsed by the House Insurance Committee this week. The measure (tee this week. The measure (H.B. 1556), which is a component of the House Democrats' health-care reform package, would expand health-care coverage to young adults by allowing parents to keep a child on their insurance plan until the child turns 30. To qualify for extended coverage, the child would have to be unmarried, have no dependents, be a resident of the Commonwealth or a full-time student in the Commonwealth, and receive no other health insurance benefits.

 

"I am pleased the Insurance Committee supported my proposal and I am eager to continue the debate when the bill hits the House floor for consideration," Longietti said. "This bill will provide peace of mind for those young adults who may be worried that they will run out of time under their parent's insurance plan."

 

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BILL INTRODUCTIONS

 

Democratic lawmakers unveil legislation to protect taxpayers and workers

 

House Majority Whip Keith McCall, D-Carbon, was joined by other House Democratic lawmakers this week to announce the introduction of a package of bills designed to protect taxpayers and workers when efforts are made to privatize services performed by state agencies. The package includes legislation introduced by McCall and Reps. Lisa Bennington, D-Allegheny; Mike O'Brien, D-Phila.; Eddie Day Pashinski, D-Luzerne; Tim Mahoney, D-Fayette; and Bill Kortz, D-Allegheny, that would require public disclosure of employment, health and safety records for private companies doing state work; require a comparison of the cost of providing services through a state agency versus a private company; require state agencies to prove substantial savings for taxpayers before privatizing services; protect employees who lose their jobs because of privatization; prohibit private companies from using state funds to oppose or advocate unionization; protect whistleblowers in private companies doing state-contracted work; and provide public access to state contracts awarded to private companies.

 

"Taxpayers deserve to know that they are getting the best services possible, be they provided by state employees or private companies," McCall said. "Our proposals don't prevent efforts to privatize services currently being performed by state agencies, but they do guarantee that - in the case of privatization -- workers will be protected and that the level of service will not drop or workers will be unjustly fired just to protect a private company's bottom line."

 

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Brennan bill aimed at curbing underage drinking

 

Rep. Joseph Brennan, D-Lehigh/Northampton, has introduced legislation that would give bars, clubs and other liquor licensees an incentive to use new technology to prevent underage drinking at their establishments. The bill (H.B 1512) would give establishments that utilize age verification devices a break on their annual liquor license renewal fee.

 

"The whole goal here is to stop underage drinking before it starts," Brennan said. "Too often kids under 21 are walking into bars, giving a fake ID and being served alcohol. This age verification technology can tell right away who is lying."

 

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Cohen plan would examine corporate tax credit practices

 

Rep. Mark Cohen, D-Phila., has introduced legislation that would determine the fiscal impact of state programs that offer business tax credits, exemptions and other tax reductions, as well as hold companies accountable on their pledges of job creation. The legislation (H.B. 1554) would require the Revenue Department to compile information regarding the amount of revenue that goes uncollected by the state due to state tax credit programs, including business tax credits, abatements, exemptions and reductions, and to submit the information to the legislature.

 

"Having complete and comprehensive information about the revenue lost through business tax credits and other tax reductions offered by the state is pivotal for the legislators and government administrators developing sensible public policy," Cohen said. "I know these tax programs are important to encouraging small and responsible businesses, and I want to guarantee that the programs are used only for responsible companies."

 

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Petrone bill would require all Pa. high schools to offer driver's ed.

 

Rep. Thomas Petrone, D-Allegheny, has introduced legislation that would require high schools in Pennsylvania to provide students with driver's education courses. The bill (H.B. 1558) would extend classroom instruction or behind-the-wheel training to all 501 school districts in Pennsylvania. Currently, only 350 school districts offer driver's education to students.

 

"The rate of accidents involving new drivers is growing, and it's a tragedy that can be easily prevented. It is illogical and irresponsible to hand over the keys to inexperienced drivers without educating them first on how to be safe drivers," Petrone said. "A vehicle can become a 3,000-pound weapon when it is being driven by an unskilled driver."

 

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Wansacz bill would reduce inheritance tax on small family businesses

 

Rep. Jim Wansacz, D-Lackawanna/Luzerne/Susquehanna/Wyoming, has introduced legislation that would reduce the burden of inheritance taxes on family farms and closely held family businesses. The proposed amendment to the state constitution (H.B. 1564) would create special tax provisions for closely held businesses transferred between family members. The provisions would include exempting a certain dollar amount of the total value from state inheritance taxes.

 

"It is becoming more and more challenging to keep family farms and businesses in the family," Wansacz said. "Family businesses are a long-time Pennsylvania tradition and we ought to do what we can to encourage these businesses to continue and to flourish."

 

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Cohen wants to give legislature voice in trade agreements

 

Rep. Mark Cohen, D-Phila., has introduced a measure that would give a voice to the legislature and state residents in federal trade agreements that affect Pennsylvania and its residents. The bill (H.B. 1603) would require the governor and General Assembly to establish a joint committee to review international trade agreements proposed by the federal government. The committee would produce an official record if a proposed trade agreement is opposed by the state legislature and give legislative leaders a forum in which to insist that trade agreements respect the state's economic development and environmental laws.

 

"Trade agreements negotiated by our federal government can have enormous repercussions on our state's economy and employment outlook," Cohen said. "Giving elected state officials a stronger voice on these matters gives the people themselves a stronger voice."

 

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Sabatina bill strengthens penalty for guns with altered serial numbers

 

Rep. John Sabatina, D-Phila., plans to introduce legislation that would strengthen the penalty for possessing a firearm with an altered serial number. Currently, altering or removing a firearm's serial number is a second-degree felony, which carries a maximum fine of $25,000 and up to 10 years in prison. However, it's only a first-degree misdemeanor to possess a gun with an altered serial number. Sabatina's bill would make possessing an altered gun a second-degree felony, as well.

 

"This legislation would address the breakdown that occurs in the legal system when someone is caught with an altered weapon," Sabatina said. "Because of the difference in grading, it can be hard to get a conviction and maximum jail time for someone using a gun with an altered serial number."  

 

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Caltagirone wants video draw poker in licensed clubs

 

Rep. Tom Caltagirone, D-Berks, is introducing legislation that would allow social clubs licensed under the Pennsylvania Liquor Code to operate video draw poker machines. The clubs would be allowed to operate no more than five video draw poker machines at the location of their licensed facilities, and profits generated by the machines would be divided among the club, the municipality where the club is located, and the state for property tax relief.

 

"I am a firm believer that these small games of chance, as they are called, would be of great financial help to struggling licensed clubs," Caltagirone said. "Our social clubs need this boost to promote the charitable activities that are vital to our communities."

 

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Solobay introduces bill requiring cigarettes sold in Pa. to be fire-safe

 

Rep. Tim Solobay, D-Washington, has introduced a bill that would require all cigarettes sold in the Commonwealth to meet fire-safe standards as set by the American Society of Testing and Materials. Similar legislation has already passed in California, New York and Vermont.

 

"Too often you see the headlines blaring that a tragic fire was caused by careless smoking," Solobay said. "Fire-safe cigarettes have a reduced propensity to burn when left unattended and would go a long way toward preventing cigarette-related fires and deaths in Pennsylvania."

 

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Caltagirone wants to close loophole in leased property theft law

 

Rep. Tom Caltagirone, D-Berks, is looking to close a loophole in state law that sometimes makes it difficult to prosecute people for theft of leased property. Caltagirone's bill would allow the courts to presume a lessee intended to steal rented property if the lessee fails to return the property within seven days of receiving a demand from the owner by first-class mail. Currently, intent can only be presumed if the borrower fails to respond to a demand to return property by registered or certified mail.

 

"That provision can cause problems because when a borrower fails or refuses to pick up the certified letter, intent can be difficult to prove and impossible to presume," Caltagirone said. "That makes it more difficult to prosecute someone for theft in these cases."

 

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Yudichak introducing bill to oversee higher ed. lending practices

 

Rep. John Yudichak, D-Luzerne, is introducing legislation that would provide further oversight of higher education lending practices in Pennsylvania. The bill would: prohibit lenders from making gifts to colleges and universities or their employees in exchange for any advantage in loan activities; prohibit colleges and universities from soliciting, accepting or receiving such gifts; prohibit college and university employees from receiving any advantage, reimbursement or benefit from serving as a member of a lender's advisory board; prohibit lenders' employees and agents from posing as college or university employees, including staffing the schools' financial aid offices or telephone lines with lenders' employees; and prohibit schools from linking or directing potential borrowers to any electronic master promissory notes or loan agreements that do not allow students to choose the lender offering the relevant loan at that guarantee agency.

 

"We need to improve the integrity of the student loan system to protect students and their families from being fleeced," Yudichak said. "Loan agencies are supposed to be making it easier for students to get an education. Instead, many students are being pushed further into debt because there's no guarantee that the companies being recommended to them for loans actually have the lowest rates."

 

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Galloway: Time for Pa. to snuff out cross-border fireworks sales

 

Rep. John Galloway, D-Bucks, is preparing to introduce legislation that would ban the sale of fireworks in Pennsylvania to both in-state and out-of-state residents. Hand-held sparklers and novelties such as snakes, tanks and poppers still would be allowed. Currently, it is illegal for Pennsylvanians to have fireworks, but legal for Pennsylvania businesses to sell fireworks to people from another state.

 

"Often, residents from neighboring states where fireworks are illegal come into Pennsylvania to make their purchases. That's not a 'good neighbor' policy," Galloway said. "If it's dangerous for a Pennsylvanian to have fireworks such as Roman candles and bottle rockets, then it stands to reason it's dangerous for anyone to have those types of fireworks, and we should not sell them here."

 

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James to re-introduce legislation expanding SEPTA board

 

Rep. Harold James, D-Phila., said he is re-introducing a bill that would add members to the board of the Southeastern Pennsylvania Transit Authority and give Philadelphia a greater voice on the regional board. The legislation would increase the number of board members from 15 to 18. The additional members would go to Philadelphia.

 

"SEPTA is a piece of critical infrastructure in the lives of thousands of Philadelphians who use it every day," James said. "As it currently stands, Philadelphians aren't provided representation on the SEPTA board equal to their usage."

 

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