An update of recent legislative activity by Pennsylvania House Democrats

Oct. 5, 2007

PASSED THE HOUSE

House passes Biancucci's consumer protection bill

 

The state House this week passed a bill (H.B. 1167) sponsored by Rep. Vince Biancucci, D-Beaver, that would protect consumers from property or casualty insurers that are failing financially. Biancucci's bill would require a standard test of insurance companies' financial condition, known as a "risk-based capital trend test." The test is already imposed on health and life insurers, but Biancucci noted that the same test ought to be expanded to protect consumers from casualty or property insurance companies that might otherwise hide their weak financial condition.

"Often, consumers of casualty or property insurance find out too late that their chosen insurance company cannot even fulfill its financial responsibilities. Yesterday's action by the House to approve my legislation is a step toward providing greater protection for consumers of these kinds of insurance policies in Pennsylvania," Biancucci explained.

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Siptroth medical waste bill passes House

 

Legislation introduced by Rep. John Siptroth, D-Monroe/Pike, to create a program urging people to safely dispose of medical sharps has passed the state House. The bill passed 195-1. The program that would be created under Siptroth's bill (H.B. 1320) would encourage people to safely dispose of hazardous medical sharps -- needles, syringes or lancets used for testing or medicating -- that are generated at home.

 

"These are potentially dangerous medical tools," Siptroth said. "More than 3 billion home-based sharps are mixed in with regular garbage each year, and that is 3 billion opportunities for an accidental needle stick. It is an enormous danger to our sanitation workers."

 

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House passes Smith's bill to allow 'Epi-Pen' emergency injectors in school 

 

Rep. Matt Smith, D-Allegheny, announced that a bill he introduced that would allow students to carry emergency shots of epinephrine to class has passed the state House. The epinephrine injector, known by a number of brand names, including "Epi-Pen," is used for self-treatment of allergic reactions. Under current law, the only medications that students are allowed to carry in school are inhalers used for treating asthma. Smith's bill would expand the law to include Epi-Pens as allergy medicines along with inhalers. The legislation (H.B. 1377) would also allow students to self-administer the shot.

"Students with severe allergic reactions may not have time to make it to the nurse's office before anaphylactic shock sets in," Smith said. "It's critical for them to get their medication as soon as possible. Every second counts in that situation."

 

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Pa. House passes Longietti bill to close 'chop shop' loophole

 

Rep. Mark Longietti, D-Mercer, announced that his legislation to close a loophole in Pennsylvania law regarding "chop shops" has unanimously passed the House of Representatives. Longietti said his bill (H.B. 1147) would strengthen the definition of a "chop shop" to prevent insurance scam artists from using the vague language currently on the books to evade prosecution in Pennsylvania. The bill would close the loophole by adding language to include vehicles illegally obtained by theft, fraud or conspiracy to defraud. Chop shops disassemble vehicles, usually stolen ones, and sell the parts. 

"Many times, an owner of a vehicle will participate in an insurance scam by simply giving their car to a chop shop and then claiming it has been stolen to collect the insurance money," Longietti said. "Defendants have been evading prosecution through the vague wording of the statute because they successfully argue that the car was not illegally obtained, just freely given to the chop shop."

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Mann bill to improve school safety passes House

 

Rep. Jennifer Mann said the House has passed legislation she sponsored (H.B. 1067) that would require students' records be transferred when they move to a new school. Under the legislation, the new school would need to request a copy of the disciplinary records, and the old school would have 10 days to send the records. Parents would also be required to notify the new school if the child has a criminal history, or else the child would not be allowed to enroll in the new school. Current law requires records to be transferred between districts, not between schools within a district.

"All schools within a district should have access to students' disciplinary records," Mann said. "Students' past behavior can be a predictor for future behavior, and it's important for everyone's safety that we make efforts to better prepare our school personnel for potential conflicts."

 

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VOTED OUT OF COMMITTEE

Solobay working to snuff out cigarette fires

 

Legislation crafted by Rep. Tim Solobay, D-Washington, that could help prevent fires caused by careless smoking was voted out of the House Consumer Affairs Committee this week and sent to the full House for consideration. House Bill 1612 would require all cigarettes sold in Pennsylvania to meet fire-safe standards as set by the American Society of Testing and Materials.

 

"Careless smoking is one of the leading causes of fires, killing hundreds and injuring thousands every year," said Solobay, who has served as a volunteer firefighter in Canonsburg for more than 25 years. "Fire-safe cigarettes would help reduce cigarette-related fires and deaths in Pennsylvania."

 

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Committee OKs bill to ban strikes by state enforcement officers

 

The House Labor Relations Committee has voted to approve and send to the full House legislation that would give state parole officers, Liquor Control Board agents and state narcotics investigators under the Office of Attorney General a limited form of binding arbitration to resolve collective bargaining impasses. The legislation (H.B. 1761), which was introduced by the committee's chairman, Rep. Robert E. Belfanti Jr., would also ban strikes by these state officers.

 

"While Pennsylvania law recognizes the general right of state employees to collectively bargain and the right to strike just like private employees, the legislature also recognizes that public safety can be compromised if certain employees are permitted to strike," Belfanti said. "Prison guards, guards at mental hospitals, court employees and the state police are already prohibited by state law from striking; this bill would add state parole officers, LCB agents and narcotics investigators to that law."

 

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Committee approves Grucela bill to protect troops who are students

 

Legislation introduced by Rep. Richard Grucela, D-Northampton, would ensure members of the Pennsylvania National Guard and other United States reservists would not be penalized academically if they are deployed before the end of a semester. Grucela's bill has been unanimously approved by the House Veterans Affairs and Emergency Preparedness Committee, sending the bill to the full House of Representatives. Grucela's legislation (H.B. 1324) would allow any member of the Pennsylvania National Guard or other reserve component of the U.S. Armed Forces to take an educational leave of absence. If a Guard member or reservist was called to active duty, other than active duty for training, the educational institution in which the service member is enrolled would have to grant the member or their spouse a military leave of absence from their education without the loss of academic credits earned or forfeiture of scholarships or grants awarded prior to the commencement of the military duty. 

"The men and women who serve in our armed forces already have made an immeasurable contribution toward the safety and welfare of our Commonwealth," Grucela said. "Their willingness to serve their country should not come with the stipulation that they put their education on hold or risk losing time and money at school. This is an issue that must be rectified as soon as possible."

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BILL INTRODUCTIONS

Sturla introduces bill to 'Cover All Pennsylvanians' with health insurance

 

With nearly 900,000 Pennsylvanians currently lacking health insurance, Rep. Mike Sturla, D-Lancaster, has introduced H.B. 1870, which would "Cover All Pennsylvanians" with health insurance as part of Gov. Ed Rendell's Prescription for Pennsylvania plan. Under Sturla's bill, all uninsured Pennsylvanians, no matter the size of their employer, would be able to purchase affordable health insurance through CAP. A family of four that earns up to $62,000 a year would receive help from the state paying their premiums and all uninsured adults who earn more than that amount could participate in CAP by paying the full cost. According to Sturla, small businesses could participate if they have 50 or fewer employees who earn less than the state average wage. Employers that chose to join CAP would pay approximately $130 per employee per month, and each employee would pay a premium of $10 to $70 per month depending on family income. 

 

"I am proud to introduce CAP today so we can move the discussion forward to achieve the goal of providing all uninsured Pennsylvanians access to affordable health-care coverage," Sturla said. "It is important to realize that many of the uninsured are employed by small businesses or even self-employed. CAP would enable them to finally receive health insurance."

 

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Grucela bill would require Pa. teens to take driver's ed to graduate

 

Rep. Richard Grucela, D-Northampton, has introduced legislation (H.B. 1884) that would require all Pennsylvania students to complete a driver's education course in order to graduate from high school. According to the Insurance Institute for Highway Safety, young and inexperienced drivers are disproportionately at risk for traffic accidents. Those aged 16 to 19 are twice as likely to die in an automobile accident where they are the driver as those aged 25 to 29. 

 

"Empowering the schools to teach our young people to drive or to allow them to contract with licensed professional driving schools makes the most sense to me," Grucela said. "Since we are requiring students to take all the standardized tests under federal law, including a driving test for graduation is just as important in my view."

 

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Goodman bill would crack down on cyber fraud in political campaigns 

 

Using the Internet to sabotage or hijack a political opponent's election efforts would be a crime under new legislation proposed by Rep. Neal Goodman, D-Schuylkill, who said incidents of cyber fraud in political campaigns undermine the confidence of voters. Specifically, Goodman's legislation would make it a crime to register a domain name that is similar to another domain name for a political Web site; to intentionally divert or redirect access from a political Web site to another person's Web site; to intentionally prevent the use of a domain name for a political Web site by registering and holding the domain name or reselling it; or to intentionally prevent or deny exit from a political Web site through the use of frame hyperlinks or other electronic measures.

 

"I believe my legislation would better ensure that Pennsylvania voters have the ability to research political candidates freely and with minimal fear of being exposed to blatant misconceptions," Goodman said. "I believe my legislation would put an end to this type of political cyber fraud, and in doing so promote, more open and fair elections in Pennsylvania."

 

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Shimkus introduces bill requiring insurance coverage for infertility treatment

 

Moved by the plight of a Lackawanna County woman trying to start a family, Rep. Frank Andrews Shimkus, D-Lackawanna, has introduced a bill (H.B. 1430) that would require health insurance policies that provide pregnancy-related benefits to include coverage for infertility diagnosis and treatment, as well. Shimkus' legislation allows for certain restrictions on infertility coverage, including limitations on treatments. It also includes provisions for copayments and deductibles.

"Insurance companies argue that bearing children is a choice. And while that is true, I suspect that no woman or man chooses to have a disease that prevents them from having children of their own," Shimkus said. "Infertility is a medical condition and should be covered as such under health insurance policies."

 

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Cohen introduces plan to require insurers to cover telehealth

 

Rep. Mark Cohen, D-Phila., has introduced legislation (H.B. 1849) that would require health insurers to cover a new form of health care: telehealth. Telehealth is a low-cost option to reduce visits to a physician's office. Checkups on patients can be performed via the Internet with web cameras. Additionally, doctors can provide some health monitoring equipment to the patient and patient health data can be sent back to the doctor over the Internet or a telecommunications device.

"Telehealth can play an integral part in the future of health-care delivery," Cohen said. "In an era when it is often harder and harder to get an appointment with a physician, why not employ a strategy where it is possible to diagnose, treat and monitor a patient by using the technological tools available? Health insurers should take these points into consideration and make it possible for their customers to explore this option."

 

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Grucela legislation would simplify teaching certification process   

 

Rep. Richard Grucela, D-Northampton, has introduced legislation (H.B.1866) that would eliminate the need for out-of-state teachers to complete further tests or other additional requirements in order to become certified to teach in Pennsylvania. Current law stipulates that candidates for Pennsylvania Instructional certification must complete all the Praxis tests required by Pennsylvania unless verification is submitted of three years of teaching on a comparable state-issued certificate within the past seven years. In those cases, the candidate must take and pass the appropriate Praxis content area test.

"There's no reason why we should require out-of-state teachers to jump through additional hoops to become a certified teacher in Pennsylvania," said Grucela, who taught at Easton Area High School for 31 years and serves on the House Education Committee. "It is redundant and a drain on our resources because these teachers have already undergone rigorous training that complies with Pennsylvania’s teaching standards."

 

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