Fall 2008 Accomplishments
 

The House Democratic Majority is proud of its accomplishments this session on behalf of all Pennsylvanians. Below are highlights of legislation enacted in fall alone. You can also view a full list of bills signed into law in 2008. Together with the legislation we advanced in the first half of 2008 and our 2007 accomplishments, these initiatives represent a productive legislative session, as well as reflect our commitment to an agenda that answers Pennsylvanians' needs.

 

Health Care

Ban on mandatory overtime saves nurses and patients

Legislation sponsored by Rep. Dan Surra, D-Elk, ends the practice of mandatory overtime that forces nurses and other medical professionals to work shifts of up to 18 hours in a row, leading to medical errors that put patients' lives at risk and reducing the quality of life for nurses both on and off the job. The new law prohibits mandatory overtime -- barring a major emergency -- and is a key component of improving health care in Pennsylvania.

It is a simple matter of safety. For far too many Pennsylvania nurses, 16-hour days and 80-hour weeks are the rule, not the exception. It's not good for them or their patients.

 


Fair compensation for miners

Miners suffering from black lung will get an increase in the benefit they receive, thanks to the efforts of lawmakers who supported S.B. 263, now Act 123 of 2008. House Labor Relations Committee Chairman Bob Belfanti, D-Northumberland, championed the new law, which increases the monthly benefit for coal miners who are disabled with silicosis, anthracosilicosis, coal worker's pneumoconiosis or asbestosis by $50 -- from $125 to $175 a month.

It's been almost 30 years since the state has adjusted the benefit amount that hundreds of miners are still receiving for the life-altering and life-threatening black lung diseases they developed while helping to mine anthracite in Pennsylvania. We owe them this increase, especially in today's economic environment.
 

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Health Care Facilities Act opens options for hospice care

In order to provide more options to individuals diagnosed with life-limiting illnesses so they can live as fully as possible until the end of life, Rep. Larry Curry, D-Montgomery, wrote legislation creating unique licensing regulations for small residential hospices with fewer than 22 beds. These smaller hospices are currently required to meet the same standards as hospitals and nursing facilities, which precludes many of them from operating in a manner consistent with the mission of hospice care.

Because small, freestanding residential hospices are unable to meet current nursing facility standards, many are being licensed as personal care homes. That limits the range of services they can offer patients, and limits choices for individuals who are dying and have elected hospice care.
 

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Mental health services reimbursement

Sponsored by Rep. Flo Fabrizio, D-Erie, this new law, Act 108, requires insurance companies to reimburse patients for mental health services provided by licensed clinical social workers, licensed marriage and family therapists, licensed occupational therapists, and licensed professional counselors.

This goes a long way toward recognizing that many patients in need of mental health services turn to licensed social workers or therapists, and are entitled to receive reimbursement.

 

 

Energy Independence

Energy Conservation & Utility Reform

In an effort to reduce energy costs for Pennsylvania consumers, H.B. 2200, now Act 129 of 2008, requires utilities to cut energy use, help consumers conserve, buy their power more prudently and reduce the need to build more power generating facilities. Reduced demand also ensures steady power delivery, with fewer brownouts and blackouts caused by heavy demand on the hottest days of the year. Sponsored by House Environmental Resources and Energy Committee Chairman Camille "Bud" George, D-Clearfield, the new conservation law also imposes mandates that will reduce emissions that lead to climate change.

We're pointing out the commonsense idea that the most direct and most affordable way to save money on energy and prevent blackouts is by reducing consumption -- not by building billion-dollar generation plants. It's not the entire answer to our energy future, but it's one that makes sense.

 

Economic Development

Elm Street sees sunshine

A new law, sponsored by Rep. Bob Freeman, D-Northampton, will allow the successful economic development program known as Elm Street to continue beyond 2011, when it was scheduled to expire. The Elm Street Program is an urban residential enhancement initiative that targets older established neighborhoods for revitalization.

Since original enactment of the program in 2004, more than two dozen neighborhoods have been designated as Elm Street communities, and more than 100 municipalities have been eligible for similar improvements in their neighborhoods through Elm Street residential reinvestment grants.
 

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Highway construction bill approved

Continuing our commitment to investing in the state's infrastructure, the legislature adopted S.B. 1504, the Highway Capital Budget Project Itemization Act of 2008-09. This legislation identifies various highway projects across the state to be constructed by PennDOT using funds from the Motor License Fund. In addition, $35 million of bond funds, to be repaid through the Motor License Fund, will be available to fund projects in fiscal year 2008-09. The new law also designates funds from the federal government for the construction of these projects, and allows any excess funds, as determined by PennDOT, to be given to other capital projects as they designate.

In a state with as many miles of roads as Pennsylvania boasts, it's imperative that we continue our commitment to the upkeep, maintenance and improvement of them.

 

Consumer Protections

 

Pennsylvania Dog Law gets teeth

The new law, (Act 119 of 2008), championed by state Rep. Jim Casorio, D-Westmoreland, will substantially raise standards of care for dogs in commercial kennels, which the legislation defines as kennels that sell or transfer more than 60 dogs in a year -- some of which earned the dubious distinction of puppy mills. The myriad documented problems of puppy mills include over breeding, minimal veterinary care, poor quality of food and shelter, lack of human socialization, overcrowded cages and the killing of unwanted animals. For the unwitting consumer, this situation sometimes means buying a puppy facing an array of immediate veterinary problems or harboring genetic diseases that surface years later.

 

The conditions that breeder dogs are kept in at many of these large kennels in Pennsylvania are deplorable -- warehoused in tiny cages for years on end with no exercise and inadequate care, forced to breed over and over again until they are no longer useful, then killed or disposed of. The people of Pennsylvania demanded a Dog Law with teeth, one that would protect these dogs and ensure they are treated in a humane way and not simply as a cash crop.

Reducing mortgage insurance costs

To further help homeowners, state Rep. Dan Frankel, D-Allegheny, wrote legislation (H.B. 2428) to ban mortgage lenders from requiring homebuyers to obtain property insurance coverage that exceeds the replacement value. The new law, Act 51, prevents borrowers from having to insure the property for the full loan value, which can be higher than the replacement value.

This new law helps to protect homeowners from paying for more insurance than they actually need. 
 

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Massage therapists get the regulations they knead

Act 118 of 2008 requires massage therapists to be licensed under a new State Board of Massage Therapy, providing protection to reputable therapists and their clients. Championed by Majority Whip Keith McCall, D-Carbon, the measure will go into effect in 2009 after the board is formed.

Now we'll join the 39 other states that have commonsense educational and licensing standards that treat these professionals with the respect they've earned, and ensure that long-time therapists are given full consideration for their experience when approving licenses.
 

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Credible credit counseling

House Appropriations Chairman Dwight Evans, D-Phila., sponsored H.B. 2294, now Act 117, to ensure above-board credit counseling in Pennsylvania. It is among the many efforts the House Democratic Caucus is initiating to assist and protect consumers who are in financial trouble.

This is a commonsense measure that is good for consumers, especially in light of current economic conditions. More and more people are in debt. More and more people need help. But we can't let people in a vulnerable financial situation be taken advantage of by companies or organizations who are supposed to help them strengthen their financial position.
 

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Building better consumer protection

Senate Bill 100 will prevent Pennsylvanians, especially the elderly, from being scammed by unscrupulous home improvement contractors. Championed by House Majority Whip Keith McCall, D-Carbon, the new law puts a registration structure in place to assure only reputable contractors are in business.

Not surprisingly, contractors themselves have been very much in favor of registration. The good contractors will benefit, because they know that homeowners armed with knowledge will immediately know a registered contractor can be hired with confidence.

 

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Gold Rush over for metal thieves

House Bill 1742, now Act 113 of 2008, was introduced by state Rep. Eddie Day Pashinski, D-Luzerne, to give law enforcement the tools it needs to investigate scrap metal thefts and bring the thieves to justice. The issue has garnered national attention, because the frequency of thefts of this nature is growing.

Since this bill was passed by the House in February, rarely a week has gone by without stories appearing in the news regarding scrap metal theft. Construction materials, aluminum bleachers, manhole covers, beer kegs, copper tubing from homes, copper downspouts from churches, mausoleum doors and veteran's markers from cemeteries have all been subject to these senseless thefts.
 

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Protection for e-consumers

This new law, negotiated by state Rep. Mike Sturla, D-Lancaster, empowers the Department of State to oversee the activities of online trading assistants in a fair and just way. It also enables responsible trading assistants to achieve accreditation from the state, which will make consumers more comfortable in utilizing their services. Meanwhile, those who commit fraud will now have to pay the consequences.

In an era of ubid, Webbidz and eBay, it's imperative we make sure consumers aren't getting the shaft by unscrupulous online auctioneers.
 

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Public Health and Safety

Prison reform becomes law

The legislative package that will effectively reduce county prison populations while providing incentives for incarcerated non-violent offenders to receive drug treatment received broad bipartisan support. Acts 81, 82, 83 and 84 of 2008 address a glaring need in the criminal justice system to promote the rehabilitation of non-violent offenders and aid their re-entry so they can become responsible, productive citizens of this Commonwealth. House Judiciary Committee Chairman Tom Caltagirone, D-Berks, and state Rep. Kathy Manderino, D-Phila., sponsored bills in the package.

Housing prisoners can cost $60,000 per inmate. The new laws will help with prison overcrowding and cut down on expenses while allowing non-violent offenders to begin making their way back into society.
 

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More muscle in Megan's Law

Sponsored by state Rep. Rick Taylor, D-Montgomery, a provision in a new law clarifies the Pennsylvania Crimes Code so offenders convicted of solicitation or conspiracy involving a minor are subject to Megan's Law registration and restrictions. One in a series of bills to strengthen Megan's Law, the new law makes conspiracy or solicitation for a sexually violent crime an offense requiring residential registration with state police for 10 years.

The centerpiece of the legislation was clarifying the Crimes Code to help authorities better crack down on sexual predators that target child victims, including through the Internet.

 

Ridding our streets of illegal firearms

House Bill 1845 addresses a glaring need in the criminal justice system to rid our streets of illegal firearms. Sponsored by Rep. John Sabatina, D-Phila., and championed by his colleague Rep. Cherelle Parker, the new law contains many important commonsense law enforcement measures to keep guns out of the hands of criminals and to punish those who help criminals illegally obtain firearms. The measure received bipartisan support, and contains several provisions embraced by members of the National Rifle Association.

Serious crimes deserve serious penalties. We need to let criminals know that their deliberate actions to harm police officers will not go unchecked.

More information here
 

Coordinated effort to reduce child deaths becomes law

A new law championed by State Rep. Frank Dermody, D-Allegheny, and nurtured through the process by House Children and Youth Committee Chairwoman Louise Williams Bishop, D-Phila., establishes a Public Health Child Death Review Program to promote safety and reduce child fatalities. Under the new law, local and state multidisciplinary teams comprised of doctors, law enforcement officials, district attorneys, coroners and others will work together to identify risk factors and trends in child deaths and improve criminal investigations and prosecutions of child homicides. The Department of Health, in cooperation with the State Public Health Child Death Review Team, will assist in creating local teams and organizing the collection of child death data.

This new law will help the agencies and communities to better protect children from tragic and fatal consequences caused by neglect and abuse.
 

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Community protection efforts

Championed by state Rep. Paul Costa, D-Allegheny, Act 93 of 2008 will assist counties and municipalities in responding to disasters with a newly established statewide Mutual Aid Committee comprised of state, regional and local officials, and emergency responders.  The new law is essential to effective and rapid response to manmade and natural disasters that require actions beyond the capacity of the municipality or county in which the incident has occurred.

Pennsylvania is one of 15 states without a statewide mutual aid agreement. As a result, mutual aid at the state, county and local levels is often provided without written agreements and without clearly defined divisions of responsibility, which creates questions about liability and workers' compensation. The new law was a successful bipartisan effort that ultimately makes Pennsylvania a better and safer place to live.
 

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Commonsense subpoena measure becomes law

A new law authored by state Rep. Phyllis Mundy, D-Luzerne, which prompted the Pennsylvania Supreme Court to adopt changes to its juvenile court proceeding rules, will require that parents, guardians or legal custodians be included in the legal process and receive a copy of subpoenas involving a child in their care.

 

Mundy wrote the legislation following the arrest of a Luzerne County boy whose mother was not notified when her son was subpoenaed to testify about an incident he witnessed on school grounds. Police later arrested the boy during school and placed him in a juvenile detention center for failing to appear at the hearing. Authorities also failed to notify the mother when they issued the warrant for the boy's arrest.

 

Children are the responsibility of their parents. It makes no sense for authorities to think children will show up for court proceedings if their parents aren't even aware they're required to be present.
 

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Foster parents get a voice

 

Legislation sponsored by Rep. Frank Andrews Shimkus that gives foster parents a voice in court decisions regarding the children in their care has been signed into law by the governor. Act 109 of 2008 gives foster parents the right to submit a report to a judge about a child in their care before the child's permanency hearings. Permanency hearings are held every six months to determine whether a child should return to his or her natural parents, remain in foster care, or be put up for adoption. 

 

Foster parents care for these kids on a daily basis and probably understand their needs better than anyone else. Giving them the right to address a judge who is about to decide the permanent  placement of a child is key in ensuring the child is placed in the best possible home and receives the best possible care.

 

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Construction Code gets needed updates

State Rep. Ron Buxton, D-Dauphin, championed a bill to provide uniformity to the Commonwealth's Construction Code. The new law ensures uniform, modern construction standards and regulations throughout the state. Many municipalities within this Commonwealth have no construction codes to provide for the protection of life, health, property and the environment and for the safety and welfare of the consumer, general public and the owners and occupants of buildings and structures. Consumers and occupants may be at risk from substandard construction.

 

In some areas of the state, there are so many construction codes that exist and some of them needlessly limit builders and often increase costs, which are passed on to the consumer.
 

Wiretapping Act gets renewed

Thanks to the efforts of state Rep. Tom Caltagirone, D-Berks, and the House Judiciary Committee, law enforcement across the state will have the ability to continue utilizing the Wiretap Act, which was scheduled to expire at the end of the year. The new law conforms portions of Pennsylvania's Wiretap Act to federal law and further assists law enforcement in identifying and prosecuting some of the Commonwealth's most serious criminal offenders. 

This legislation will simply allow us to strengthen Pennsylvania's wiretapping and electronic surveillance statutes, and is a crucial tool in the fight against drug trafficking in the Commonwealth.
 

Helping police officers returning from military service

A measure introduced by Rep. Mark Cohen, D-Phila., to get police officers back on the street more quickly following military deployment has been signed into law by the governor. The legislation (Act 105 of 2008) allows police officers whose certifications have expired while they are on military duty to return to work until they can take their recertification tests.

 

It's a matter of public safety. These officers are well-trained and can do more for their community by performing their jobs than by waiting for in-service training or a certification test to be offered. We also have a responsibility to protect the employment rights of our military service members.
 

Tourism and Recreation

 

Elk license auction now law

Legislation authored by Rep. Marc Gergely that will allow the state to auction off an elk license to hunters to serve as a fundraiser for the state Game Commission has been signed into law by the governor. The legislation (Act 101 of 2008) will allow the Pennsylvania Game Commission to offer a special elk conservation hunting tag through an auction every year in which the proceeds would go toward improving elk habitats in the Commonwealth. The commission will be required to prepare an annual report for the General Assembly detailing how the proceeds are used.

 

Pennsylvania currently has a limited number of elk licenses while the number of interested applicants far eclipses the total available. Since these licenses are a hot commodity, this auction is a way to spark national interest as well as generate money to help our elk population.
 

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