PA HOUSE DEMOCRATIC LEGISLATIVE REVIEW - October 19, 2012

A state legislative update from the PA House Democratic Caucus THE LATEST... Freeman bill addressing manufactured housing community closings passes Senate, heads to governor's desk The Pennsylvania Senate has unanimously passed Rep. Bob Freeman's bill that would establish notification requirements and other protections for tenants when manufactured housing community owners decide to sell the community for another use, setting it up for the governor's signature. "Currently, there are no adequate protections for tenants when a manufactured housing community is sold," Freeman said. "Residents should receive advance notification of the sale and a guarantee of compensation for the cost of moving or losing their homes. This bill would provide those protections for all such sales, while addressing the concerns of both community owners and tenants." The bill (H.B. 1767) would require manufactured home community owners, when closing the community, to inform residents within 60 days of any decision to close the community; inform the Pennsylvania Housing Finance Agency and the home municipality also within 60 days; give residents at least six months to leave the community when the closure notice is made -- under current law they only have 30 days; consider any offer to purchase the community by a resident association representing at least 25 percent of the manufactured home spaces; pay relocation expenses of up to $4,000 for single and $6,000 for multi-section manufactured homes; pay at least $2,500 or the home's appraised value, whichever is greater, when the homeowner is unable or unwilling to relocate the home; and allow tenants to terminate any leases without penalty after receiving the community's closure notice. Roebuck: Charter/cyber school reform bill gets an 'incomplete' grade House Republicans failed to pass a so-called charter school reform bill before the end of the legislative session this week, legislation that state Rep. James Roebuck, D-Phila., Democratic chairman of the House Education Committee, gave a grade of "incomplete" to anyway. "While I welcome some of the changes that have been made to this bill, the Republican majorities in the legislature and the governor could have – and should have – done much more to ensure accountability for tax dollars," Roebuck said. "In the last two years, public schools have taken a nearly $1 billion cut in state funding, followed by a second state budget that locked in those cuts. These cuts have led to program cuts, the loss of 20,000 jobs and property tax hikes. We need to stop overpaying some charters at the expense of traditional public schools that have to accept every student." Roebuck said bipartisan charter and cyber charter school reform bill (H.B. 2661) he introduced earlier this month would have addressed needs that the failed bill did not. In addition to starting surplus limits for charter schools this school year and keeping local control, Roebuck's bill would have removed the "double dip" for pension costs by charter and cyber charter schools; reined in special education spending at charters; determined what it actually costs to educate students in charter and cyber charter schools; and increased transparency for contractors that provide management, educational or administrative services to charter and cyber charter schools by requiring disclosure of a financial relationship with for-profit providers. Bill to protect Pennsylvanians' access to local pharmacies goes to the governor Legislation championed by state Rep. Neal Goodman for the past several years to protect Pennsylvanians' right to buy prescription drugs at a local pharmacy is on its way to the governor. "This is pro-consumer, pro-small business legislation, and I'm pleased that it has finally passed both chambers," said Goodman, D-Schuylkill. "Many Pennsylvanians have been doing business with their local pharmacist for years, and want the personal touch that they provide. This legislation would ensure that relationship won't end because of rules enacted by an insurance company or government agency." Senate Bill 201, which unanimously passed the House this week, allows Pennsylvanians to fill their prescriptions at their local pharmacy as long as the pharmacy agrees to accept the same reimbursements and terms that mail-order pharmacies accept from health insurance companies and government programs, such as PACE/PACENET. House leaders ask U.S. Attorney General to review Sandusky probe Two days after House Republicans blocked a measure calling for a federal review of the investigation of Jerry Sandusky by the state Office of Attorney General, House Democratic leaders took the issue directly to the U.S. Justice Department. Democratic Leader Frank Dermody, D-Allegheny, and Democratic Whip Mike Hanna, D-Clinton/Centre, sent a letter Wednesday to U.S. Attorney General Eric Holder asking that he appoint a "special counsel" to investigate the Sandusky probe, which was started under then-Pennsylvania Attorney General, now-Gov. Tom Corbett.  "It is clear that this case is crying out for an independent eye to carefully review the investigation of Mr. Sandusky by the Pennsylvania Office of Attorney General," Dermody and Hanna wrote. "As long as there is a cloud of suspicion hanging over this tragedy, the people of Pennsylvania will never be able to bring this dark chapter of our history to a close. We respectfully request that you appoint a special counsel to look into these matters and help us to find the closure that’s needed and deserved." The leaders noted that the House Democratic Caucus tried unsuccessfully to pass a concurrent resolution, H.R. 520, urging the U.S. attorney general to conduct an independent review of the state’s handling of the Sandusky case. House Republicans, who control the chamber, voted three separate times Monday to block the measure from even being debated on the House floor. "This shouldn’t be a partisan issue; everyone should support a review of how this investigation was conducted," Dermody said. "After all, we’re talking about the safety of our kids." Hanna added: "There is no harm in calling for an independent review of the Sandusky investigation. Mr. Sandusky may have gone to prison, but these questions are not going away." Barbin's VeteransFirst Tax Credit passes House State Rep. Bryan Barbin's legislation establishing the VeteransFirst Tax Credit passed the House 191 to 0 this week. The bill received substantial bipartisan support, including 109 co-sponsors. "This bill provides a $4,000-per-year tax credit to businesses with fewer than 100 employees to hire unemployed veterans," Barbin said. "The tax credit would be available for each veteran hired and it can be renewed annually for four years." House Bill 2065 would help create 12,500 jobs for Pennsylvania veterans. "Veterans returning to civilian life as a group now face a higher rate of unemployment and homelessness, as well as wounds caused by IED explosives," said Barbin, D-Cambria. "After the sacrifices made by them and their families, I believe we honor their sacrifice by getting these men and women back into the workforce first." Mullery's measure to improve Pa.'s juvenile justice system goes to the governor Legislation that would allow the Pennsylvania Office of the Victim Advocate to represent the interests of victims of juvenile crime in court is on its way to the governor. "My legislation continues reforms that were suggested in the aftermath of Luzerne County's juvenile justice scandal," said state Rep. Gerald Mullery, D-Newport Township. "I look forward to the governor signing this legislation into law." Mullery on Tuesday amended S.B. 850 to include the measure that allows the Office of the Victim Advocate to expand its duties to juvenile court. The state Senate then concurred with changes the House of Representatives made to the bill. House adopts Caltagirone resolution on administrative law judges in Pa. House Judiciary Committee Democratic Chairman Thomas Caltagirone, D-Berks, said the House has unanimously adopted his resolution which directs a study into the field of administrative law, the body of law which governs the activities of administrative agencies of government, in Pennsylvania. Caltagirone's resolution, H.R. 247, directs the Joint State Government Commission to conduct a study of the practices and procedures surrounding administrative law judges throughout the Commonwealth. "It is my hope that the study by the commission will result in uniform training, qualifications, and standards of practice," Caltagirone said. "I also believe that this study will show the need for a centralized system for the assignment and oversight of these judges, as well as streamlined docketing and operating rules." Sabatina’s Justice Reinvestment Initiative headed to governor The state House approved a measure introduced by Rep. John Sabatina, D-Phila., which will reinvest savings from the recently enacted prison reform law, Act 112, and streamline Pennsylvania Commission on Crime and Delinquency processes. The measure now moves to the governor for his signature. House Bill 135 is a key component of the Justice Reinvestment Initiative as it authorizes the reinvestment of 25 percent of the savings under Act 112 to programs that would further help public safety efforts and lower rates of recidivism. "Without this legislation, counties and other state agencies would not receive funding for vital victim programs, county rehabilitation programs and other necessary components, including funding probation and parole operations at the county and state levels," Sabatina said. House concurs on measure to expand local charity efforts The state House this week concurred on legislation that would authorize charities affiliated with Pennsylvania professional sports teams to conduct 50/50 raffles in order to expand community fundraising efforts. Senate Bill 444 includes language authored by state Rep. Paul Costa, D-Allegheny, which would amend the Local Option Small Games of Chance Act to allow the charities established by professional sports organizations to raise funds for the community programs where they are located. "This bill puts our communities first and gives them another resource to raise significant charitable dollars," Costa said. "I commend the charities operating under these sports organizations for their dedication to the communities they serve." Gas quality testing bill with Petrarca amendment sent to governor A bill that would give the state Agriculture Department the authority to set up a program to randomly test the octane level and gasoline quality at fuel dispensers throughout the state -- something only Pennsylvania and two other states do not do -- has passed both the House and Senate. It now heads to the governor's desk for his signature. "I am pleased this bill will soon be in the hands of the governor," said Rep. Joseph Petrarca, Democratic chairman of the House Agriculture and Rural Affairs Committee, who helped move the bill through the legislative process. "Consumers have the right to expect the gasoline they buy and put in their cars to be of the quality they thought it to be. This testing program will help provide consumer confidence. And, if they don't think they're getting what they're paying for, they can issue a complaint, so the department can look into it." The complaint portion of the bill was added by Petrarca through the amendment process to make the bill stronger for consumers. Table games could fund GA cash grant program, James says The cash grant component of the General Assistance Program would be reinstated and funded by casino table game revenue under legislation introduced by state Rep. Harold James, D-Phila. James said table game revenue has exceeded expectations and is expected to continue rising in the remaining months of this year, as well as next year. For the fiscal year 2012-13 to date, total gross revenue for table games is $578 million, of which $196.5 million is state tax revenue. As such, James said state tax revenue from table games proves to be a viable source of funding for reinstating the cash grants, which until its elimination on Aug. 1 had been administered by the state Department of Public Welfare. The reinstatement of the cash grants would be accomplished by requiring that a portion of state tax revenue generated from table games at Pennsylvania's casinos be directed each fiscal year to fund the program. "Although the elimination contains a projected savings of $150 million in the 2012-13 state budget, the savings come at the expense of rescinding a very much needed $200 monthly grant for recipients who are mainly domestic violence victims, individuals with a temporary or permanent disability, and individuals participating in a drug and alcohol treatment program," he said. House adopts Wheatley amendments to help small businesses State Rep. Jake Wheatley, D-Allegheny, welcomed this week’s House adoption of three amendments he authored that would help small businesses in Pennsylvania, including disadvantaged and veteran-owned businesses. "The House has taken a step forward in helping these small businesses to receive a fair share of the state purchasing that their tax dollars help to fund," said Wheatley, who is a recognized U.S. Marine combat veteran of Operation Desert Storm. Under the Wheatley amendments the House approved this week, each state agency would be required to have an annual goal of at least 5 percent participation by veteran-owned small businesses as a share of the total amount it spends in contracts; the state would be required to establish a small business reserve program of up to 5 percent of the total dollar value of its contracts to increase economic opportunities for small and disadvantaged businesses, including veteran-owned small businesses; the state would be required to identify and adopt "best practices" for promoting, increasing and sustaining procurement opportunities for disadvantaged businesses, and state agencies would be required to submit reports to the legislature on their progress toward these goals. DeLuca bill would answer auditor general's call for tattoo parlor registration State Rep. Tony DeLuca, D-Allegheny, said legislation he introduced earlier this year (H.B. 2617), does a great deal to meet Auditor General Jack Wagner's call this week to regulate tattoo parlors in Pennsylvania. "I have introduced this legislation or similar proposals since 1997," DeLuca said. "The bills have received support from various stakeholders each session but the proposal has not yet passed." DeLuca's bill was referred to the House Health Committee. Recently, Wagner called upon the General Assembly to enact legislation requiring tattoo parlors to be licensed and regulated by the state Department of Health. There are 750 known tattoo parlors in the state. Bill introduced to regulate 'cash for gold' dealers State Rep. Joseph Petrarca, D-Westmoreland/Armstrong, has introduced a bill that would regulate those dealers that offer money for your precious metals. "Gold is more valuable now than ever, and trading in an old necklace or ring for quick cash has become commonplace," Petrarca said. "Unfortunately, this has led to some unscrupulous business practices as people looking for quick cash to buy drugs are stealing others' valuables and selling them to these secondhand vendors. Because many of these businesses are transient, there is no record of the sale, which makes it virtually impossible for law enforcement to recover the stolen goods. The bill, introduced as H.B. 2686, would require both mail-in dealers and dealers that temporarily set up shop at a specific location to obtain a license from the state Attorney General's Office and for all secondhand metals dealers to follow record keeping requirements similar to those followed by pawnbrokers. Santarsiero bill would create commuter and commerce toll tax credit State Rep. Steve Santarsiero, D-Bucks, has introduced a House bill that would establish a commuter and commerce toll tax credit. House Bill 2688 would offer a state income tax credit for 50 percent of tolls paid, with a $500 cap per filer. Eligible tolls would include those on the Pennsylvania Turnpike and bridges across the Delaware River. Individuals, corporations, or small businesses with tax liability would be eligible. "Many residents in the Newtown-Yardley area travel the turnpike and cross over into New Jersey to commute back and forth to work each day," Santarsiero said. "Additionally many of our local small businesses take these same routes and could benefit from the relief this tax credit would bring." Probe sought into state park director’s resignation State Rep. Camille "Bud" George, Democratic chairman of the House Environmental Resources & Energy Committee, has called for a hearing into the resignation of John Norbeck as director of the Bureau of State Parks within the state Department of Conservation and Natural Resources. "I have asked the Republican chair of the committee to schedule a hearing as soon as possible to probe the troubling and apparently forced resignation of John Norbeck as director of state parks," said George, D-Clearfield. "The state parks and forests belong to the people of Pennsylvania, and the committee has a duty to oversee and protect those lands." Rep. George noted that while time is running out on the 2011-12 legislative session, responsibilities to the public are not on a timer. Thomas introduces bill to prevent guns getting into the wrong hands State Rep. W. Curtis Thomas, D-Phila., has introduced legislation (H.B. 2670) that would limit individuals with mental illness from receiving a gun permit and/or purchasing firearms. "My legislation answers the public call for increased control in matters of firearm licensure to persons with mental illnesses," Thomas said. "This is a commonsense solution to an important public safety issue." Thomas said anyone who has purchased a gun in Pennsylvania is familiar with the mental health question that appears on both the federal and state gun-purchase applications: "Have you ever been declared incompetent or involuntarily committed to a mental institution?" House Bill 2670 would add a supplementary question; "Have you ever been treated for any type of mental illness by a licensed professional?" Thomas introduces legislation to reinstate cash assistance State Rep. W. Curtis Thomas, D-Phila., has introduced a bill (H.B. 2681) that would refund $12.4 million to the General Assistance Cash Grant program. "I was deeply troubled by the Pennsylvania Department of Public Welfare's decision to terminate the General Assistance Program. This program supports the most vulnerable Pennsylvanians who have no other means for income," Thomas said. "The state Budget Office is projecting a $219.5 million surplus at the close of the current fiscal year, and I think the prudent and compassionate thing to do is to reinstate funding that assists children and the disabled." The funds would be used for individuals with a disability and children younger than 13 living with an unrelated adult. Under the bill, these individuals would receive assistance for a three-month period or until they receive Social Security. Josephs bill would ban gay-to-straight conversion therapy for minors State Rep. Babette Josephs, D-Phila., has introduced a bill that would ban mental health providers from offering sexual orientation conversion therapy for minors. "No reputable mainstream mental health association considers being gay, lesbian or bisexual a disease or mental illness. Yet, that is exactly the premise behind this kind of therapy – a wrong assumption that homosexuality is a mental disorder that can be 'corrected,'" Josephs said. "As homosexuality is not a disorder, so attempts to 'convert' the sexual orientation of anyone, particularly a minor, threatens the individual's short- and long-term health and well-being." Conversion therapy generally purports to change a person's sexual orientation by using such techniques as aversion or psychoanalytic treatments or spiritual interventions. Sturla applauds DPW decision to delay copayment initiative House Democratic Policy Chairman Mike Sturla, D-Lancaster, is applauding a decision by Department of Public Welfare Secretary Gary Alexander to delay the implementation of a new policy that would charge some families with disabled children up to 5 percent of gross household income as copayments for medically necessary services. Sturla said the policy change was announced in August’s Pennsylvania Bulletin, and would have caused thousands of families across the commonwealth extreme financial hardship. Families and advocates joined the legislator at a Capitol rally last month calling on DPW to abandon the plan. "While the shelving of this nonsensical plan is a step in the right direction, I’m apprehensive to celebrate too loudly," Sturla said. "I commend the courageous parents, many who have continued to contact me, who stepped up and had their voices heard on this critical matter. But we can’t give up until this plan is repealed entirely."

Oct. 19, 2012 IN THE NEWS Voter ID opponents say state's ad campaign is misleading GOP leader Turzai says he will keep pushing for liquor privatization Final flurry of Pennsylvania legislation Large, lively crowd turns out for Supreme Court arguments on gas drilling laws Disability rights advocates arrested during protest outside Pennsylvania's Health and Welfare Building in Harrisburg Pa. Supreme Court hears Marcellus Shale case September table games revenue up 15 percent in Pa. Pennsylvania details who gets impact-fee money from gas drillers State wants jobs, but at what cost? Pennsylvania measure would end inspections for new vehicles For now, charter approval isn't a Pennsylvania GOP priority Higher education records reveal enrollment decline in Pennsylvania Pa. confirms first case of fatal deer disease Pennsylvania sending mixed messages on voter ID requirements Revised voter ID ads air in Pennsylvania House-passed payday lending bill stalls in Senate Pa. turnpike commission CEO resigns Behind the staggering number of abandoned wells in Pennsylvania Jerry Sandusky case hits Gov. Tom Corbett Pennsylvania parks director says he was forced out by Corbett administration PA House caucuses spar over state's probe of Sandusky child sex abuse case Controversial charter access provision back before Penna. legislature Pennsylvania lawmakers are taking a hard look at branding Pa. shelves Medicaid copays for disabled kids State changed PSSA testing rules for charter schools without federal approval LCB nears privatization with Corbett’s nominees Pa. health secretary resigns cabinet post ------------- Follow the House Democratic Caucus on Social Media:

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