The Legislative Week in Review

An update of recent legislative activity by
Pennsylvania House Democrats

July 6, 2007

 

SIGNED INTO LAW

 

Readshaw gets landowner liability protection for hunters into Pa. law

 

Gov. Ed Rendell has signed into law a bill sponsored by state Rep. Harry Readshaw, D-Allegheny, that safeguards landowners from liability for the actions of hunters on their property. Readshaw introduced the measure (H.B. 13) after a Lehigh County couple reached a settlement with a woman wounded by a stray bullet fired from a hunter on their property, a half mile away. A court had ruled the property owners were partially liable for the incident.

 

"The fear of landowners about liability was grounded in reality. What we had to do was change that reality by providing them liability protection," Readshaw said. "Without our action, this situation would have amounted to a train wreck for hunters and financial ruin for the many businesses that rely on Pennsylvania hunters and visitors from out of state for much of their income."

 

-- Click here to read more.

 

 

Governor signs Surra county audit bill

 

A bill introduced by Rep. Dan Surra, D-Elk/Clearfield, was signed into law by the governor this week. The bill (H.B. 635) gives county auditors in Pennsylvania an additional three months to conduct audits of county finances and expenditures. Surra said the additional time would ensure county audits are comprehensive and thorough, and that auditors are able to meet the audit deadlines in state law. 

 

"County audits have become much more complex," Surra said. "Extending the audit deadline protects taxpayers and keeps county auditors from routinely having to ask the courts for extensions of their deadlines. This law will save local taxpayers and our courts money."

 

-- Click here to read more.

 

 

PASSED THE HOUSE

 

Parker witness protection bill passed by House

 

A measure introduced by state Rep. Cherelle L. Parker, D-Phila., that would formally create a statewide witness protection program in Pennsylvania law has been passed by the state House of Representatives. The bill now goes to the Senate for consideration. The bill (H.B. 27) would establish a permanent witness relocation program in Pennsylvania and ensure the program is sustained with adequate financial support. Parker said witnesses would be eligible for the state program if the prosecuting attorney determines there is credible evidence that a witness is in danger of being threatened or intimidated. Armed protection to and from trial, housing and basic living expenses, and relocation arrangements would be provided under the program.

 

"For too long, defendants in criminal cases have been allowed to use intimidation and threats to frighten and dissuade witnesses and victims from testifying against them in court," Parker said. "Criminals who should be punished and taken off the streets are learning how to manipulate our system and continue their criminal behavior by seeking out witnesses and proliferating violence in our communities."

 

-- Click here to read more.

 

 

Grucela bill giving school districts room to plan passes House

 

The House of Representatives has unanimously passed legislation introduced by Rep. Richard Grucela, D-Northampton, that would require school districts to be given advance notice of impending residential development. The bill was sent to the Senate for consideration. The bill, H.B. 71, would require municipalities to notify the superintendent of a school district within a month when a residential development or planned residential development has been finally approved by a municipality's governing body. The notice would have to include the location of the development, the number and types of units to be included in the development, and the proposed construction schedule of the development.

 

"This is a very effective way to offer school districts a heads-up so they can plan accordingly for growth," Grucela said. "Whether planning to expand their facilities or educational materials, this legislation would provide schools the information they need to make fiscally savvy decisions for the future."

 

-- Click here to read more.

 

 

House passes Solobay bill expanding small games of chance

 

The state House has passed legislation sponsored by Rep. Tim Solobay, D-Washington, that would allow volunteer and community organizations that are authorized to run small games of chance to run daily and weekly games simultaneously. House Bill 169 would raise daily prize limits from $500 to $1,000 and weekly prize limits from $5,000 to $20,000. It also would allow volunteer and community organizations to offer a monthly prize of up to $50,000. The types of organizations that would be affected include volunteer fire companies, veterans' organizations, religious groups and civic and service clubs.

 

"Allowing these organizations to run daily and weekly drawings simultaneously would help them raise funds for the important work they do for their communities," Solobay said.

 

-- Click here to read more.

 

 

House passes Tangretti historic preservation grants proposal

 

The House of Representatives this week passed legislation (H.B. 221) introduced by Rep. Tom Tangretti, D-Westmoreland, that would create a state grant program for the restoration and commercial or residential use of historic properties. Under the program, the state Department of Community and Economic Development would work with the Pennsylvania Historical and Museum Commission to approve and provide the grants. The criteria used to designate properties in Pennsylvania as historically significant also would be used to determine if the owners of those properties qualify for the state grants. Owners restoring commercial properties would be eligible for grants up to $500,000; owners restoring residential properties would be eligible for grants up to $15,000. The grants would be used to reimburse owners for up to 70 percent of the costs of exterior rehabilitation or restoration work that meets the criteria for historic properties.

 

"These grants would represent a significant economic development tool in Pennsylvania's older downtown residential and commercial neighborhoods," Tangretti said. "Beyond revitalizing residential and commercial neighborhoods and getting many of these properties back on the tax rolls, this program would reinvigorate downtowns with new residents and businesses and help preserve farmland and open space outside our cities and boroughs from development."

 

-- Click here to read more.

 

 

House passes Markosek bill establishing state fuel-testing program

 

A bill that would establish an automotive fuel testing and disclosure program in Pennsylvania has passed the House of Representatives and is now on its way to the Senate, said House Transportation Committee Chairman Joseph Markosek, D-Allegheny/Westmoreland. Markosek, who sponsored the legislation (H.B. 684), explained the program would ensure that poor quality gasoline is not dumped in Pennsylvania. Currently Pennsylvania is one of only four states -- Alaska, Nebraska and Ohio are the others -- in which inspectors do not verify posted octane ratings. Ohio has a law pending.   


"Just about every other state has protective measures in place to prevent fuel suppliers from funneling defective gas through that state," Markosek said. "Since Pennsylvania is surrounded by states that test fuel quality, it could easily become a target for cheap gas or contaminated gasoline to be sold as top-dollar octane and we would never know it."

 

-- Click here to read more.

 

 

Yudichak municipal cooperation bill passes House

 

Rep. John Yudichak, D-Luzerne, said legislation he sponsored that would promote municipal cooperation recently passed the House of Representatives. Yudichak's bill (H.B. 708) would require the state Department of Community and Economic Development to give priority to projects that promote municipal cooperation when administering the Local Government Capital Project Loan Fund. The fund, administered by the Governor's Center for Local Government, provides low-interest loans to municipalities with populations of 12,000 or less. The funds may be used for the purchase of equipment, construction or rehabilitation of municipal facilities.

 

"This legislation would help municipalities who want to enter into agreements with other municipalities but need help with the start-up costs so they can move forward," Yudichak said. "By sharing equipment, services and administrative functions, smaller municipalities will be able to operate in a cost-effective manner and adequately serve residents."

 

-- Click here to read more.

 

 

Dermody child-abuse reporting bill passes House

 

A bill introduced by Rep. Frank Dermody, D-Allegheny, that would help prevent child deaths and serious injuries caused by child abuse was unanimously approved this week by the House and now goes to the Senate for consideration. Under the bill (H.B. 823), whenever a child's death or serious injury occurs by child abuse, a group of local experts in the county where it happened would be formed to conduct a full review and report back to the state Department of Public Welfare. The same would occur in a county where the child lived within the last 16 months. The review group would focus on the circumstances of each case, including the services provided by community agencies and professionals, as well as the county's compliance with the law. The team also would recommend steps to prevent the recurrence of such tragedies.

 

 "With the passage of this bill, we're now one step closer to ensuring that all Pennsylvania children are protected from child abuse," Dermody said. "Uniform and objective procedures will help us learn from each tragic and senseless child abuse death and near fatality to improve our practices and services and prevent future tragedies."

 

-- Click here to read more.

 

 

House passes Walko bill to regulate bounty hunters in Pa.

 

Rep. Don Walko, D-Allegheny, won House passage recently of his bill that would regulate what he calls the "Wild West" practice of bounty hunting in Pennsylvania. Walko's bill (H.B. 825) would create a new state board to oversee three groups of professionals -- bounty hunters, private investigators and security professionals. It would be modeled on other licensing boards in Pennsylvania and would have the authority to license and monitor members of the three professions and discipline them when necessary. The legislation also would require bounty hunters to meet the same lethal-weapons training requirements that state law already sets for private investigators and security professionals in Pennsylvania. In addition, licensing of private investigators and security professionals would move from the county level to the state. Walko said that would improve oversight and keep problem licensees from slipping through cracks in the current system.

 

"Bounty hunters are largely unregulated in Pennsylvania, even though they have the power to arrest and maintain custody of fugitives. They are not subject to licensing or training requirements. We have taken a step forward to rein in this 'Wild West' situation, and I hope that the Senate will join the House in passing this important legislation," Walko said. "We have laws on how police can behave and how school security guards can operate, and it makes sense to have a regulatory framework for bounty hunters as well."

 

-- Click here to read more.

 

 

House passes Conklin measure to expand educational leadership

 

A bill introduced by Centre County Rep. Scott Conklin, which is part of the Democrats' education package, unanimously passed the House and was sent to the Senate for consideration. Conklin's proposal (H.B. 847) would strengthen professional requirements for certain school administrators and further professional development. Specifically, the legislation would add to the existing qualifications for certain administrators by requiring prospective superintendents and assistant superintendents to complete a college or university graduate program in education, rather than the current requirement of completing just a college or university course.

 

"It is essential that we make sure all school administrators, including school superintendents and principals, have the necessary skills and opportunities to help all students achieve," Conklin said. "Through continued professional development and encouraging continued education of our school leaders, we can better invest our resources in our students and build a brighter future for this Commonwealth."

 

-- Click here to read more.

 

 

House passes Leach bill that would put more green in schools

 

Legislation sponsored by Rep. Daylin Leach, D-Montgomery, that would give school districts incentives to construct cleaner and more efficient schools was passed by the House of Representatives today and sent to the Senate for consideration. Leach's legislation (H.B. 894) would allow school districts to forgo some cost restrictions when building environmentally friendly school buildings. Devised by the United States Green Buildings Council, the green building standards are known as Leadership in Energy and Environmental Design, or LEED.

 

"Originally, the intent of the current state law was to prevent school districts from building excessively large structures," Leach said. "However, it also impedes the construction of environmentally friendly schools. Schools built according to LEED standards are much more energy efficient, they reduce pollution and are significantly cheaper to operate in the long run."

 

-- Click here to read more.

 

 

Hanna bill to correct funding for state-owned universities passes House

 

Rep. Mike Hanna, D-Clinton/Centre, said the House of Representatives has passed his legislation that would correct the funding formula for the State System of Higher Education. The bill (H.B. 1295) would transfer the entire amount of revenue in the Keystone Recreation, Park and Conservation Fund for fiscal year 2006-07 to SSHE, and would also change the revenue formula for the future to ensure more equitable funding.

 

"We need to provide adequate support for higher education, particularly the 14 universities in the State System, because they provide many Pennsylvania residents with a high-quality education at a reasonable price," Hanna said.

 

-- Click here to read more.

 

 

House passes Sturla bill to aid independent films in Pa.

 

The state House has passed H.B. 1529, introduced by Rep. Mike Sturla, D-Lancaster. The bill would support the growing independent film industry's presence in Pennsylvania by expanding the state's Film Production Grant Program by 50 percent, from $10 million to $15 million. Under Sturla's bill, the Film Production Grant Program would be limited to productions with a budget of less than $2 million. The grants, which could not exceed 20 percent of the production costs, would cover certain expenses incurred in Pennsylvania, including transportation, music and story rights, food, lodging and insurance coverage.

 

"Having worked with independent filmmakers in Lancaster, I know firsthand how challenging it is for them to cover the production costs of a movie," Sturla said. "Last year, the state's $10 million Film Production Grant Program fund was depleted by applicable projects within 22 days of the fiscal year. Thus, I am proud that the House passed my bill to help define Pennsylvania as a new location for innovative film and media arts by dramatically increasing funding available to independent films."

 

-- Click here to read more.

 

 

House passes Seip bill to guide Pa.health-care work force efforts

 

The House of Representatives has passed a bill introduced by state Rep. Tim Seip that would focus greater attention on the needs of Pennsylvania's health-care work force. Seip's proposal (H.B. 1573) would implement part of the governor's health care-reform plan by authorizing the Pennsylvania Center for Health Careers, which Gov. Ed Rendell created, to continue beyond his administration. The bill now goes to the Senate for consideration.

 

"As a member of the health-care community, I recognize and appreciate the complexity associated with formulating and sustaining a work force to meet the needs of our health-care system in Pennsylvania," Seip said.

 

-- Click here to read more.

 

 

APPROVED IN COMMITTEE

 

Solobay bill honoring Pa. military paratroops moves out of committee

 

Legislation sponsored by Rep. Tim Solobay, D-Washington, that would honor members of military airborne units was voted out of the House Transportation Committee this week.

 

House Bill 174 would create a special Pennsylvania license plate for veterans and members of U.S. military airborne, parachutist and glider units. The license plate would display a set of jump wings and glider wings along with the letters "ABN" followed by a series of five digits. The first two or three digits would denote the number of the division under which the person served.

 

"It is important that we recognize our soldiers and veterans for the work they do in protecting our freedoms, not just on holidays like the Fourth of July and Veterans Day, but always," Solobay said. "A license plate designating membership in a military airborne unit would remind everyone to take a moment once in a while and thank a vet."

 

-- Click here to read more.

 

 

Kessler bill to save taxpayers money heads to full House

 

A bill that state Rep. David Kessler, D-Berks, introduced to save taxpayers money was approved by the House Local Government Committee recently. Kessler's bill (H.B. 1330) was prompted by a quarry business in Berks County winning its legal challenge against a long-standing township zoning ordinance based on an allegation of a procedural defect in its enactment. The state Supreme Court ruled that such a challenge to an ordinance can be brought at any time. Procedural defects can include such minor omissions as posting public notice signs every 310 feet instead of every 300 feet, for example. Kessler's bill would make it extremely difficult for parties bringing a challenge two years or more after adoption of an ordinance to prove that a township failed to comply strictly with statutory procedural requirements. The bill also would provide that proof of public reliance on an ordinance creates an irrebuttable presumption that the ordinance was enacted properly.

 

"The court effectively ended the time limit for challenging township zoning ordinances, so townships and their residents face the threat of legal expenses, typically well in excess of $25,000, to defend their zoning laws -- even when the townships have followed the letter of the law and the challenges are frivolous," Kessler said. "Unless we change the law, the burdens imposed on townships and taxpayers by the decision will be overwhelming."

 

-- Click here to read more.

 

 

Shapiro legislation targeting terrorists approved by committee

 

Legislation sponsored by Rep. Josh Shapiro, D-Montgomery, to keep Pennsylvania dollars out of terrorists' hands is one step closer to becoming law after being approved unanimously by the House State Government Committee. Shapiro's proposal, consisting of three bills with nearly 70 co-sponsors, would prohibit the Public School Employees' Retirement System, State Employees' Retirement System and Pennsylvania Office of the Treasurer from investing in companies that do business with nations listed by the U.S. State Department as sponsors of terrorism.

 

"We must win the war on terror. Unfortunately, we are not using all of the economic tools at our disposal on the state level to support our military and diplomatic efforts," Shapiro said. "Collectively, these three agencies invest over $111 billion each year. By ensuring that none of this money goes to companies that do business with terrorists, we could have a positive impact on the war on terror."

 

-- Click here to read more.

 

 

Taylor's Willow Grove bill flies to full House

 

The state House Transportation Committee this week agreed unanimously to send to the full House a bill sponsored by Rep. Rick Taylor, D-Montgomery, that would prohibit future use of the Willow Grove Naval Air Station Joint Reserve Base for either commercial passenger or cargo flight service. Under Taylor's legislation, Willow Grove would continue playing a critical role in law enforcement, homeland security and in ensuring the preparedness of the Pennsylvania National Guard.

 

"I was very pleased to see the level of bipartisan support in the Transportation Committee," said Taylor. "The residents of Willow Grove and its neighboring communities are now one step closer to having the security of knowing the airfield would never become a busy commercial passenger or air cargo facility."

 

-- Click here to read more.

 

 

BILL INTRODUCTIONS

 

James introduces plan to abolish mandatory minimum sentences

 

Rep. Harold James, D-Phila., has introduced legislation aimed at saving the state millions in Department of Corrections costs. The bill would abolish mandatory minimum sentences for certain nonviolent crimes. The legislation (H.B. 1606) would help to relieve prison overcrowding and also reduce expenditures brought on by rising costs for incarceration.

 

"There is widespread support for revised guidelines for sentencing," James said. "Twenty-five other states have recently instituted new guidelines regarding mandatory minimum sentencing and it is time for Pennsylvania to join them."

 

-- Click here to read more.

 

 

Cohen wants to repeal 2004 zoning law

 

Rep. Mark Cohen, D-Phila, is introducing legislation (H.B. 1651) that would allow any city taxpayer to challenge a Philadelphia zoning decision. Cohen said in the past any Philadelphia taxpayer was permitted to appeal a Zoning Hearing Board decision; however, the law was changed in 2004, narrowing the scope of people eligible to appeal. Under current law, only taxpayers who are detrimentally harmed by decisions have the right to appeal.

 

"The change in the law limiting who is permitted to appeal zoning decisions was a step backward for freedom of speech," Cohen said. "The law we've been operating under since 2004 fails to account for the wide range of people who are affected by zoning laws, making some taxpayers voices more valuable than others."

 

-- Click here to read more.

 

 

Mahoney introduces bill to increase deer herd on Pa. game lands

 

Rep. Tim Mahoney, D-Fayette, has introduced legislation aimed at increasing the deer population on game lands in Pennsylvania. The bill would require the state Game Commission to implement new policies and procedures for sports enthusiasts. Mahoney said the legislation (H.B. 1667) would: establish citizen task forces for every wildlife management unit across the state; return the antler requirements to pre-2003 status by requiring that a buck only needs to have two points on an antler or a spike at least 3 inches long to be harvested; require the Game Commission to adopt policies to increase the deer population on game lands and to submit an annual report on the status of those policies; and require the Game Commission to collect mandatory harvest report cards from hunters.

 

"The tradition of hunting on state game lands is popular in Pennsylvania," Mahoney said. "My proposal would increase the deer population so more deer would be available for hunters to harvest."

 

-- Click here to read more.

 

 

Grucela bill would create license plate for 'The Greatest Generation'

 

Rep. Richard Grucela, D-Northampton, plans to introduce legislation that would create a World War II Battle of the Bulge Special Fund License Plate. The cost of the plate would be $20 in addition to the standard annual registration fee and would be available to any Pennsylvania resident. The additional fee for the plate would be allocated to the county Veteran's Affairs Office where the applicant resides.

 

"The Battle of the Bulge on the European Western Front was considered the largest land battle of World War II, where more than 500,000 Americans fought," Grucela said. "While there are several other memorial plates available, we should not overlook the contributions of the brave men of 'The Greatest Generation.'"

 

-- Click here to read more.