State Representative Mike Turzai

28th District, Pennsylvania House of Representatives

Contact: Stephen Miskin                                                                                                                                       RepTurzai.com

smiskin@pahousegop.com                                                                                                                                                                

717.705.1852

PAHouseGOP.com

Twitter: www.Twitter.com/SAM1963

                                               

 

TO:                  Capitol Correspondents, News Editors, Assignment Editors

FROM:             Stephen Miskin

                        Press Secretary to the Majority Leader

SUBJ:              House Action for the Week of May 9, 2011

DATE:             May 6, 2011

Sexting, Texting and Protecting: Redux…

Budget, Education Choices, and Traffic Safety on House Schedule

Voter ID, workers’ compensation reform, unemployment compensation reform and property tax referendum legislation on House committee agenda next week

 

The state House returns to session on Monday, May 9, to deal with various issues of importance.

Sexting

It’s a disturbing trend in teenage flirting, the sending of nude or semi-nude photos from cell phone to cell phone. It’s called “sexting,” and while the X-rated offerings are usually intended just for a boyfriend or girlfriend, the photos often wind up being shared.  The House will address the issue next week as it considers House Bill 815 (Rep. Seth Grove, R-York County).

The sexting legislation would create a new misdemeanor of the second degree for minors ages 13-17 caught disseminating such material.  Under current law, teens could be subject to felony prosecution for these acts, which is often considered too harsh. The proposed legislation will allow cases of minor-to-minor sexting to be tried in juvenile courts, which will provide a menu of adjudication options including counseling and expungement of the offense from a minor’s permanent criminal record.

Texting, Distractions and Traffic Safety

Distracted driving legislation intended to curb driver distractions for all drivers – House Bill 896 (Rep. Chris Ross, R-Chester County) and House Bill 8 (Rep. Kathy Watson, R-Bucks County) –   will be voted by the full House next week. U.S. Transportation Secretary Ray LaHood calls texting while driving a “menace to society.” Making the roads safer and protecting young drivers is the aim of House Bill 9 (Watson), which provides extra measures of protection and preparedness for drivers ages 16 and 17. The bill strengthens the Graduated Drivers License for the first time since 1999.

Bicyclist safety is at the heart of House Bills 170 and 174 (Rep. Ron Miller, R-York County). The pair of bills require motorists to be careful when overtaking bicycles on roadways.

Protecting

Protecting students and parents. The House will vote on legislation to expand Pennsylvania’s Educational Improvement Tax Credit (EITC) program (House Bill 1330, Rep. Tom Quigley, R-Montgomery County). Through the EITC, the state provides companies with a 75 percent tax credit for donations to a non-profit scholarship or educational improvement organization; the tax credit increases to 90 percent if the company commits to making the same donations for two consecutive years. A business paying taxes in Pennsylvania can receive up to $300,000 in tax credits annually. EITC provides children and families with a choice in education and expands educational opportunities for all Pennsylvanians. 

Protecting women’s health. The Health Care Facilities Act would be amended to protect the health and safety of women who use abortion facilities. House Bill 574 (Rep. Matt Baker, R-Tioga County) holds abortion facilities to the same standards as all other free standing medical facilities in Pennsylvania.

Budget: Setting the Right Priorities, Living Within Our Means

House Republicans are shifting budget priorities to education over welfare by cutting wasteful spending and dropping ineffective programs. The House Republicans are working to enact a fiscally responsible, on-time, pay-as-you-go budget with no new taxes and no new borrowing – ending the trend of spending money we don’t have. The House budget will cut welfare spending to redistribute those funds to education.

The Weekly Schedule

Bill numbers will be used to identify the legislation being considered either in committee or on the House floor.  The bills, sponsors and summaries are posted below.

Monday, May 9

 

Committee Meetings/Hearings

  • STATE GOVERNMENT, 10:30 a.m., Room G-50, Irvis Office Building
    • HB 934 (Rep. Daryl Metcalfe, R-Butler): Requires proof of identification for voting at every election and allows for provisional ballots if proof of identification cannot be produced based on either religious beliefs or indigence.

 

Session

On Monday, the House will convene at 1 p.m. for legislative business. The members will vote the uncontested calendar and Rule 35 resolutions.

 

Votes on Second Consideration

  • HB 8 (Rep. Kathy Watson, R-Bucks): Prohibits texting while driving.
  • HB 9 (Rep. Kathy Watson): Amends the junior driver’s license provisions of the Vehicle Code.
  • HB 170 (Rep. Ron Miller, R-York): Amends Vehicle Code provisions relating to driving on the right side of the roadway; overtaking vehicles on the left; no passing zones and minimum speed regulations to incorporate provisions relating to pedalcycles.
  • HB 174 (Rep. Ron Miller): Amends the Tax Reform Code to expand provisions of sales and use tax exemptions to Volunteer Firefighters’ Relief Associations.
  • HB 896 (Rep. Chris Ross, R-Chester): Adds an additional penalty to the Careless Driving section of the Vehicle Code relating to distracted driving. If a driver is convicted of violating the careless driving provision, an additional penalty will be applied if it is determined that the driver, at the time of the violation, was distracted by any electronic device, personal grooming device, food, drink, book or any other printed material. The add-on is an additional $50 fine.  The distracted driving offense is not considered a moving violation and points will not be assessed.
  • HB 574 (Rep. Matt Baker, R-Bradford/Tioga): Amends the Health Care Facilities Act to include abortion facilities in the definition of health care facilities and to provide licensure provisions for abortion facilities.
  • HB 1330 (Rep. Thomas Quigley, R-Montgomery): Increases the Educational Improvement Tax Credit (EITC) program from $75 million to $100 million this year (taking $25 million from PA Assessment /Keystone Exams) and then up to $200 million the following year. Provides for the distribution of tax credits and increases the income limitations for scholarship recipients under the EITC program.
  • SB 916 (Sen. Charles McIllhinney, R-Bucks/Montgomery):  Amends the Election Code to establish voting standards (i.e., what constitutes a vote) for all elections held in the Commonwealth during 2011 and 2012.

 

 

Tuesday, May 10

 

Committee Meetings/Hearings

  • INSURANCE, 9 a.m., Room 60, East Wing
    • HB 424 (Rep. Robert Godshall, R-Montgomery): Increases the penalty for certain violations of the Public Adjuster Licensing Law from a misdemeanor to a third-degree felony. States that prosecution for violations is at the discretion of the Insurance Commissioner, and further states that violations under the Public Adjuster Licensing Law may also violate the Unfair Trade Practices and Consumer Protection Law.
  • JUDICIARY, 9 a.m., Room 205, Ryan Office Building
    • HB 298 (Rep. Robert Godshall): Establishes audiovisual material of autopsies as confidential and limits their release.
    • HB 720 (Rep. Vanessa Brown, D-Philadelphia): Establishes hold orders and related procedures for pawnbrokers when an appropriate law enforcement official has probable cause to believe that the property in possession of a pawnbroker is misappropriated and requires a pawnbroker to hold items received as a pledge for not less than 90 days.
    • HB 909 (Rep. Adam Harris, R-Juniata/Mifflin/Snyder): Exempts deployed active duty military personnel or National Guard members from the 60-day marriage license validity time period.
    • HB 1264 (Rep. Cherelle Parker, D-Philadelphia): Allows for expert testimony in certain sexual assault cases and specifies the requirements to be deemed an expert witness.
  • LOCAL GOVERNMENT, 9:15 a.m., Room G-50, Irvis Office Building
  • HB 774 (Rep. Michael Hanna, D-Clinton/Centre): Repeals the Board of Visitors for Charitable Reform and Penal Institutions.
  • HB 1439 (Rep. Tom Creighton, R-Lancaster): Repeals the provisions relating to the failure of a first class township officer to perform duties.
  • HB 1440 (Rep. Tom Creighton): Repeals provisions relating to incorporated towns and the removal of a town council member for nonfeasance in office.
  • HB 1442 (Rep. Tom Creighton): Repeals provisions relating to the removal of second class township officer for failure to perform duties.
  • HB 1443 (Rep. Tom Creighton): Repeals provision relating to the right of a borough council to declare a seat of a member vacant for failure to attend meetings.
  • HB 1459 (Rep. Chris Ross): Amends the third class city code civil service provision relating to the promotion of police officers in optional charter and plan cities.
  • HB 1460 (Rep. Chris Ross): Requires a background investigation for the hiring and promotion of first class township civil service police and firemen.
  • HB 1461 (Rep. Chris Ross): Requires a background investigation for the hiring and promotion of borough civil service police and firemen.
  • SB 357 (Sen. John Eichelberger, R-Blair/Bedford/Fulton/Huntingdon/Mifflin): Allows the sale of personal property of a borough by online or electronic auction sale.
  • SB 358 (Sen. John Eichelberger): Allows the sale of personal property of a first class township by online or electronic auction sale.
  • SB 359 (Sen. John Eichelberger): Allows the sale of personal property of an incorporated town by online or electronic auction sale.
  • SB 360 (Sen. John Eichelberger): Allows the sale of personal property of a third class city by online or electronic auction sale.
  • HB 231 (Rep. Phyllis Mundy, D-Luzerne): Provides an income tax check-off on the personal income tax return form for the Children’s Trust Fund.
  • HB 468 (Rep. Jim Cox, R-Berks): Allows the filing of a decedent’s tax return by a family member, who meets enumerated qualifications, in situations where the claimant has died prior to applying for the property tax or rent rebate.
  • HB 665 (Rep. Doug Reichley, R-Berks/Lehigh): Allows a surviving spouse to file a joint return if they would have been able to file a joint return had the deceased spouse lived the entire year. If both spouses die, the fiduciary of the estate may file a joint return if the spouses would have been eligible to do so had they survived the entire year.
  • HB 1164 (Rep. Robert Godshall): Removes the end date for the Organ and Bone Marrow Donor Act.
  • HB 1167 (Rep. Neal Goodman, D-Schuylkill): Adds a line on the Pennsylvania Personal Income Tax Return where taxpayers may elect to donate all or a portion of their state income tax return to Military Family Relief and Veterans Emergency Assistance.
  • HB 1326 (Rep. Seth Grove, R-York): Removes exemptions from referendum requirement for Act 1 school property tax increases and ties future increases to rate of inflation (without a referendum).
  • HB 1333 (Rep. George Dunbar, R-Westmoreland): Provides a special tax provision for poverty.
  • FINANCE, 9:30 a.m., Room 39, East Wing
  • HEALTH, 10 a.m., Room G-50, Irvis Office Building
    • HB 958 (Rep. Kathy Watson): Allows parents to request a “certificate of birth resulting in stillbirth” from the Department of Health. The certificate is not proof of live birth.
    • HB 1480 (Rep. Mike Peifer, R-Monroe/Pike/Wayne): Will expand the HealthChoices Program (Medical Assistance Managed Care Program) administered by the Department of Public Welfare.
    • SB 260 (Sen. Edwin Erickson, R-Chester/Delaware): Amends the HIV-Related Information Act to provide for HIV testing as a routine part of general medical care.  The health care provider may offer the patient an opt-out.
  • LABOR AND INDUSTRY, 10 a.m., Room 205, Ryan Office Building
    • HB 808 (Rep. David Hickernell, R-Dauphin/Lancaster): Increases the time period that an injured employee is required to see an employer designated physician, under Workers’ Compensation, from 90 to 180 days.

 

Session

On Tuesday the House will meet at 11 a.m. for legislative business.

 

Votes on Second Consideration

  • HB 135 (Rep. John Sabatina, D-Philadelphia): Amends the composition of PCCD to include the Executive Director of the PA Commission on Sentencing.  Also amends the PCCD law to expressly permit members to send a delegate to meetings.  The legislation makes no changes to the powers and duties of the commission.
  • HB 563 (Rep. Rick Geist, R-Blair): Amends the Vehicle Code to provide an exemption (civil immunity) for land owners who authorize the use of their property for the purposes of an approved motorcycle safety education program.  Removes liability protection in cases where there is a willful or malicious failure to warn of a dangerous condition, use, structure or activity by the landowner.
  • HB 815 (Rep. Seth Grove): Adds a criminal offense of sexting by minors and amends the existing child pornography statute. 
  • HB 1053 (Rep. Mauree Gingrich, R-Lebanon): Amends the Crimes Code to provide for the offense of neglect of a care-dependent person and creates the offense of abuse of a care-dependent person.
  • HB 1352 (Rep. Todd Stephens, R-Montgomery): Amends the Public School Code provisions relating to background checks and provides that a potential employee who has committed the crime of institutional sexual assault shall be disqualified from employment.

 

Votes on Third Consideration

  • HB 8 (Rep. Kathy Watson)
  • HB 9 (Rep. Kathy Watson)
  • HB 170 (Rep. Ron Miller)
  • HB 174 (Rep. Ron Miller)
  • HB 574 (Rep. Matt Baker)
  • HB 896 (Rep. Chris Ross)
  • HB 1330 (Rep. Thomas Quigley)
  • SB 916 (Sen. Charles McIllhinney)

 

Wednesday, May 11

 

Committee Meetings/Hearings

  • INSURANCE, 9 a.m., Room B-31, Main Capitol Building
    • Public Hearing on HB 532 (Rep. Stan Saylor, R-York): Establishes “The Children and Special Needs Patient Access to Quality Dental Care Act” that requires every health insurance policy to cover general anesthesia and associated medical cost provided to an eligible dental patient.
  • AGRICULTURE, 9:30 a.m., Room G-50, Irvis Office Building
    • HB 1424 (Rep. Stephen Bloom, R-Cumberland): Requires the Department of Agriculture to create, license, and promote the Pennsylvania Preferred Trademark for the sale or promotion of a Pennsylvania-based agricultural commodity and creates the PA Preferred Trademark Licensing Fund.
  • AGING AND OLDER ADULT SERVICES, 9:30 a.m., Room 60, East Wing
    • Meeting with the Secretary of Aging.
  • PROFESSIONAL LICENSURE, 10 a.m., Room G-50, Irvis Office Building
  • HB 816 (Rep. Seth Grove): Clarifies the experience requirements for clinical social workers, marriage and family therapists and professional counselors, and extends the cut-off date under which marriage and family therapists and professional counselors may be licensed with master’s degrees that are less than 48 credits.
  • HB 838 (Rep. John Bear, R-Lancaster): Defines “ophthalmic surgery” and clarifies that the practice of optometry shall not include ophthalmic surgery.
  • HB 1054 (Rep. Mark Mustio, R-Allegheny): Exempts retired engineering licensees from the continuing professional competency requirements, so long as they no longer receive any remuneration for the practice of engineering, which allows them to continue to use their professional title.
  • HB 581 (Rep. Keith Gillespie, R-York): Allows importing distributers up to two licensed locations within their franchise territories.  The distributors must designate one of those locations as a storage facility where they may make retail sale of malt and brewed beverages. 
  • HB 421 (Rep. Bernie O’Neill, R-Bucks): Amends the Liquor Code to increase the number of days a limited winery may obtain a special permit to participate in alcoholic cider, wine and food expositions off the licensed premises from 40 days per year to 100 days per year.
  • LIQUOR CONTROL, 10 a.m., Room 205, Ryan Office Building
    • HB 1412 (Rep. Ron Waters, D-Delaware/Philadelphia): Requires managers of any restaurant, eating place, hotel, club or distributor licensee to complete Responsible Alcohol Management Training.
    • HB 1479 (Rep. John Payne, R-Dauphin): Monthly report to LCB from beverage manufacturers.

 

Session

On Wednesday the House will meet at 11 a.m. for legislative business.

 

Votes on Second Consideration

  • HB 1278 (Rep. Joseph Brennan, D-Lehigh/Northampton):  Amends the Liquor Code to allow certain licensees to sell liquor and malt or brewed beverages for consumption off the licensed premises so long as those licensees are located within the boundaries of an entity utilizing a special occasion permit

 

Votes on Third Consideration

  • HB 135 (Rep. John Sabatina)
  • HB 563 (Rep. Rick Geist)
  • HB 815 (Rep. Seth Grove)
  • HB 1053 (Rep. Mauree Gingrich)
  • HB 1352 (Rep. Todd Stephens)

 

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