The Legislative Week in Review

An update of recent legislative activity by
Pennsylvania House Democrats

July 20, 2007

 

SIGNED INTO LAW

 

New state budget reflects Democratic priorities

 

House Majority Leader Bill DeWeese and Whip Keith McCall said this week's passage of the 2007-08 state budget (H.B. 1286, Act 8A of 2007) represents House Democrats' commitment to establishing a responsible spending plan while tackling the weighty issues of health care and education. The $27.16 billion budget represents a 3.2 percent spending increase from the current year.

 

"House Democrats stood firm in our belief that any austere budget also needed to address our suffering health-care system, investments in early education and energy independence. Just as important, the budget has no tax increases, leaves us with a healthy surplus of cash for next year and sets us up for an even brighter future," said DeWeese, D-Greene/Fayette/Washington.

 

"Throughout this budget process we stood by the disabled, those who care for the disabled, seniors and children, and we did so while living within our means and not raising taxes," said McCall, D-Carbon. "This is a budget package we can be proud of, one that lays a strong foundation to build upon the principles that drive us. We will remain vigilant, and continue our pledge to perform for all Pennsylvanians. There is much more ahead to accomplish for our constituents."

 

-- Click here to read more about the 2007-08 budget.

 

 

House Democratic transportation plan passes legislature

 

House Majority Leader Bill DeWeese, Whip Keith McCall and Transportation Committee Chairman Joe Markosek said this week's passage by the General Assembly of a comprehensive transportation plan will make fundamental improvements to the state's roads and bridges and mass transit systems of all sizes without raising the gas tax. The new revenue provided by the plan (H.B. 1590) will deliver an average of $946 million per year for transportation in the state, with $411 million going to mass transit systems statewide and $500 million going to roads and bridges, with $35 million new dollars per year (a 10 percent increase) to counties and municipalities to repair and maintain roads and bridges not owned by the state.

 

"Our roads, bridges, railways, ports and airports are the nexus that move our workers to the job, our raw materials to factories and our goods to market, and that nexus was neglected for far too long," said DeWeese, D-Greene/Fayette/Washington. "This plan ends the annual funding battles for our mass transit systems and gives us the tools we need to provide a safer, smoother ride for our entire Commonwealth."

 

"We have more than a quarter-million miles of roads that need to be maintained, nearly 6,000 bridges that are in need of immediate repair and transit systems that are facing collapse. The time to act was long overdue," said McCall, D-Carbon. "Our economy can't move without a quality transportation system, so investing in transportation is investing in businesses and job creation."

 

"It's easy to be misled when you're talking about mass transit," said Markosek, D-Allegheny. "Some people think that mass transit only means Philadelphia and Pittsburgh, but there are dozens of smaller systems around the state that are a literal lifeline for people to get to work, to school and to the doctor – especially for our seniors who depend on shared ride programs in rural counties. Before today, these transit systems had to roll the dice every year hoping for funding, but now we've created a stable funding plan that gives the largest percentage increases to systems in rural areas that are struggling to survive."

 

-- Click here to read more about the House Democratic transportation plan. 

 

 

Governor signs Hornaman alternative energy bill

 

Legislation introduced by Rep. John Hornaman, D-Erie, as part of the state's Energy Independence Strategy was signed into law by the governor this week. The law (H.B. 1203, Act 35 of 2007) will increase the Commonwealth's use of clean energy by requiring electrical suppliers to speed up their transition to alternative energy sources such as solar, hydro and wind power. The law also requires electric companies to square up accounts with net-metered customers on an annual basis, establishes alternative-energy credit trading incentives and rules for expanding local power sources, and boosts oversight of power companies to ensure compliance with clean- and alternative-energy requirements.

 

"These initiatives will help to make Pennsylvania an energy and economic powerhouse," Hornaman said. "The goal is to build a homegrown energy industry that provides cleaner power and high-tech jobs statewide while reducing our reliance of foreign sources of energy. I look forward to working getting the other components of Pennsylvania's Energy Independence Strategy passed during this fall's special session on energy."

 

-- Click here to read more.

 

 

Governor signs Readshaw physician assistants bill 

 

The governor has signed into law two bills sponsored by Rep. Harry Readshaw, D-Allegheny, designed to make medical care more accessible and less costly for Pennsylvanians. The votes on both bills were unanimous. The measures (H.Bs. 1251, 1252) allow the number of physician assistants working under the supervision of a physician to be increased from two to four. The increase is expected to make health care, including preventative medicine, more accessible in underserved rural and urban areas of the state and to alleviate the burden of minor emergencies that greatly increase the costs of operating emergency facilities.

 

"It is neither cost-effective nor practical to have highly trained emergency room physicians tied up on minor procedures like pulling a splinter or diagnosing a sore throat when there is a backlog of emergency patients, some of them likely with more serious injuries or illnesses," Readshaw said. "The use of physician assistants would help hospitals deal with people who seek treatment of everyday medical issues in the emergency room because they have no health insurance and can't get in to see a general practitioner through an office visit."

 

-- Click here to read more.

 

 

Solobay's bill expanding duties of nurse practitioners becomes law

 

Legislation sponsored by state Rep. Tim Solobay, D-Washington, that expands the scope of practice for certified registered nurse practitioners has been passed by the House and Senate and has been signed into law by the governor. The bill (H.B. 1253) is a key component of Gov. Ed Rendell's "Prescription for Pennsylvania" health-care reform initiative. It would allow certified nurse practitioners to order home health and hospice care, order durable medical equipment, make respiratory or occupational therapy referrals, perform disability assessments for Temporary Assistance for Needy Families, and make physical therapy and dietitian referrals.

 

"This bill is about increasing access to health care and reducing costs," said Solobay, D-Washington. "Allowing our certified nurse practitioners to shoulder some of the burden of patient care will help to alleviate waiting times in emergency rooms and doctors' offices. Also, these well-trained professionals can offer many of the same services currently provided by doctors, but at a lower cost."

 

-- Click here to read more.

 

 

Governor approves Gibbons' bill to certify clinical nurse specialists

 

Rep. Jaret Gibbons, D-Lawrence/Beaver/Butler, said the House has agreed with the Senate on several key components of the Prescription for Pennsylvania plan and the governor has signed the legislation. The package includes legislation introduced by Gibbons (H.B. 1254) that would require licensure for clinical nurse specialists in Pennsylvania and reserve the title for health-care professions who meet certification qualifications and state education and training standards.

 

"These bills will not only expand access to care for all Pennsylvanians, but also reduce costs to the health-care system and health-care consumers," Gibbons said. "I am proud of my colleagues for their help in getting my bill and all of these measures passed. This effort was long overdue."

 

-- Click here to read more.

 

Governor signs Waters bill expanding midwives scope of practice

 

A bill introduced by Rep. Ronald G. Waters, D-Phila./Delaware, to expand the scope of practice for Pennsylvania’s nurse midwives by giving them prescriptive power has been signed into law by Gov. Ed Rendell as part of his Prescription for Pennsylvania package. The legislation (H.B. 1255) improves health care in Pennsylvania by allowing nurse midwives to prescribe prenatal vitamins and other prescriptions that are vital for healthy pregnancies.

 

"Nurse midwives have already been trained to prescribe these medications, Waters said. This new law simply changes outdated regulations to let nurse midwives practice to the full extent of their training and ability. There's no reason why nurse midwives shouldn't be able to prescribe medications. It's an unnecessary limit that only serves to restrict access to health care."

 

-- Click here to read more.

 

Legislature passes bill to reduce health-care associated infections

 

The House and Senate have passed legislation (S.B. 968) that includes a measure introduced by Rep. Tony DeLuca, D-Allegheny, that would protect patients in medical facilities from hospital-acquired infections. The governor has signed the bill into law. The legislation will put benchmarks in place to allow the Pennsylvania Department of Health to determine the progress that hospitals and other medical facilities are making on decreasing incidents of patient infections. It's the first requirement of its kind in the nation.

 

"It's a matter of saving lives, and saving our health-care system billions of dollars," DeLuca said. "My measure will place Pennsylvania at the forefront nationally in the fight to reduce health-care associated infections at medical facilities and hospitals."

 

-- Click here to read more.

 

 

Petrone bill for removal of abandoned vehicles signed by governor

 

Rep. Thomas Petrone, D-Allegheny, announced today that the governor has signed into law his bill to require the city of Pittsburgh to remove abandoned vehicles from city streets within a specified amount of time. The law (H.B. 202, Act 33 of 2007) will allow Pittsburgh to investigate, report on and ultimately remove abandoned vehicles within a specified time period. Current law grants that authority only to Philadelphia. The law will require the city to investigate any report of abandoned vehicles within five days. If the investigation finds that a vehicle has been abandoned, the police or an authorized salvager would have to remove the vehicle within 10 business days. After removal, notice will be sent to the last known registered owner of the vehicle. If an investigation finds that the abandoned vehicle is more than 90 days out of registration or inspection, the vehicle must be removed from the streets immediately.

 

"It is with great pride that I announce my legislation to get abandoned vehicles and the problems they create removed from Pittsburgh city streets has been signed into law," Petrone said. "The city of Pittsburgh will reap immense benefits by eliminating these eyesores and hazards from our streets more efficiently and quickly."

 

 

-- Click here to read more.

 

 

Bit of Pa. bubbly with those Pa. blueberries and string beans

 

The governor has signed legislation (H.B. 896, Act 34 of 2007) sponsored by Rep. Tim Solobay that allows the sale of Pennsylvania wine at farmers' markets in the state. Pennsylvania wine makers currently can sell at their establishment and a limited number of off-site locations, but farmers' markets previously were not approved as off-site locations.

 

"This is a great day for Pennsylvania farmer's markets, Pennsylvania's wineries and consumers as we add local wines to the list of agriculture products being sold at farmers' markets," said Solobay, D-Washington. "Every other agriculture product is available at farmers' markets; it just makes sense to include Pennsylvania wines to that list."

 

-- Click here to read more.

 

 

Landmark gun measure signed into law

 

The governor has signed a landmark firearm tracing bill into law. The measure (S.B. 623, Act 41 of 2007) contains language first proposed by Rep. John Myers, D-Phila., in a separate bill (H.B. 24) that he amended into the Senate bill during its first round of action in the House. The Myers provision requires police to trace the source of firearms illegally possessed by anyone under 21. The illegally possessed guns confiscated by police will be traced through the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

 

"I know that Harrisburg has been centered so much in the last couple weeks with the complexities and politics of the budget, but getting this bill to the governor's desk was the number one topic for me," Myers said. "It's not going to stop the shootings, it's not a cure-all, but it is a big first step, and not just rhetorically. This law is going to begin to reduce the avenues for guns to hit the streets. Even if it is a drop in the bucket, lives will be saved."

 

-- Click here to read more.

 

 

 

PASSED THE HOUSE AND SENATE

 

Gerber's 'Smoke-Free Pa.' bill clears House intact

 

The Smoke-Free Pennsylvania Act, sponsored in the House by Rep. Michael Gerber, D-Montgomery, passed its final vote in that chamber this week. Gerber remarked that getting his bill through the House without a laundry list of amendments required a tough fight, but was a fight worth fighting. The bill (S.B. 246) 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 while saving millions of dollars in health-care costs. Sen. Stewart Greenleaf, R-Montgomery, is the prime sponsor in the Senate and a close family friend of Gerber's. He too prefers few exceptions to the ban.

 

"Our success thus far is due to the passionate support of my colleagues who care deeply about protecting the health and well-being of Pennsylvanians from the dangers of secondhand smoke. This has been a true bipartisan effort," Gerber explained. "I thank and commend all of my colleagues who chose to put public health above the economic concerns of special interests."

 

-- Click here to read more. 

 

 

PASSED THE HOUSE

 

House passes bill allowing public review of personal care home records

 

Rep. Tony DeLuca, D-Allegheny, said the House of Representatives has passed legislation he introduced that would require personal care homes to inform the state and the public when injuries, abuse or other incidents occur in the facilities. DeLuca's legislation (H.B. 83) would require personal care homes to reveal information on staffing and to report certain health-care related events to the state Department of Public Welfare. In turn, DPW would be required to post that information on its Web site.

 

"Our constituents should be able to easily access information on the Internet regarding personal care homes across the state so they do not have to play guessing games about which facility to choose for their family member or friend," said DeLuca, chairman of the House Insurance Committee.

 

-- Click here to read more.

 

 

House passes Kessler bill to save taxpayers money

 

A bill that Rep. David Kessler introduced to save taxpayers money has passed the House of Representatives unanimously. 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. Kessler's legislation would make it extremely difficult for parties bringing a challenge two years or more after adoption of an ordinance to prove that a township or borough 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 recent decision by the state Supreme Court threatens to impose an unlimited drain on taxpayers," Kessler said. "The court effectively ended the time limit for challenging local zoning ordinances, so townships and boroughs and their residents face the threat of legal expenses, typically well in excess of $25,000, to defend their zoning laws -- even when the municipalities have followed the letter of the law and the challenges are frivolous. That money would be coming out of people's property taxes."

 

-- Click here to read more.

 

 

Hanna bill to ensure accuracy of parking meters passes House

 

Rep. Mike Hanna, D-Clinton/Centre, said the House of Representatives has passed legislation he sponsored that would require local governments to test and inspect parking meters for accuracy. The bill (H.B. 1423) would require local governments, such as cities, boroughs, townships or towns, to test and inspect the parking meters within their jurisdiction at least once every three years to guarantee that the meters are working properly.  

 

"Parking meters provide a lot of revenue for local governments, and that revenue goes towards all kinds of transportation improvements and other important projects," Hanna said. "More and more people are getting out of paying parking tickets by saying that because the meters haven't been inspected within the appropriate time frame, the tickets should be invalid. This bill would ensure that inspection occurs in a timely fashion and that the meters are in good working order."  

 

-- Click here to read more.

 

 

BILL INTRODUCTIONS

 

Cohen wants to limit fires caused by cigarettes

 

Rep. Mark Cohen, D-Phila., has introduced legislation that would require all cigarettes sold in the Commonwealth to be fire-safe. Cohen said if Pennsylvania were to adopt his legislation (H.B. 1740), the state would join eight others, including New York, that require cigarettes to be fire-safe. Fire-safe cigarettes are less likely to burn if left unattended by employing a technology in which cigarette manufacturers wrap cigarettes with two or three thin bands of less-porous paper that act as speed bumps to slow down a burning cigarette. If a cigarette is left unattended, the burning tobacco will hit a speed bump and self extinguish, Cohen said.

 

"Cigarette manufacturers have the capability of making the cigarettes sold in Pennsylvania self extinguishing," Cohen said. "However it seems the companies are unlikely to employ such practices unless they are mandated to do so."

 

-- Click here to read more.