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Resumen demócrata del Senado de la semana del 5 de octubre de 2014

The Senate unanimously approved House Bill 939, which would give struggling families more options, time and flexibility to pay their utility bill.

Under the bill, which would re-authorizes Chapter 14 in the Public Utility Code for 10 more years, it would:

  • ban Friday terminations;
  • protect people who have serious medical conditions from shut-offs;
  • protect victims of domestic violence from having their power terminated;
  • shield tenants from termination when their landlord was the one responsible for utility payments.
  • prevent utility companies from terminating an impoverished family’s (below 250 percent of federal poverty limit) power during winter months; and
  • eliminate mandatory cash deposits for customer assistance program (CAP)-eligible people.

Lawmakers emphasized that the bill doesn’t excuse or exclude anyone from paying their utility bill.

The measure now returns to the House.

* * *

The Senate unanimously passed House Bill 90, which would help investigators and prosecutors pursue child predators on the Internet.

Under current law, investigators must obtain a court order just to identify the subscriber of an Internet service who has transmitted child pornography or has anonymously engaged a child in a chat room to solicit sex. Under House Bill 90, they could get this information through an administrative subpoena.

To allay privacy concerns, the measure only enables police to obtain the IP address, name, address, and phone number of the subscriber — and only in child sex exploitation cases. Once they have this information, investigators would still be required to get a court-ordered search warrant for additional information or view anything on a person’s computer.

El proyecto de ley vuelve ahora a la Cámara.

* * *

The Senate unanimously approved House Bill 573, which would legalize neighborhood electric vehicles and pedal-assist electric bicycles in the state vehicle code.

The measure would define neighborhood electric vehicles as four wheel electric vehicles with a maximum speed of 25 miles per hour that comply with federal safety standards.

The bill defines pedal-assist bicycles as bicycles, not mopeds or scooters, and would require that they be equipped with operable pedals, an electric motor 750 watts (1 horsepower) or less, weigh a maximum of 100 pounds, and be capable of a top speed of not more than 20 mph. It also requires that the rider be at least 16-years-old.

The amended measure now returns to the House.

* * *

The Senate unanimously approved Senate Bill 83, which would allow for the use of Neighborhood Electric Vehicles (NEV) on certain highways.

Under the bill, NEVs would be required to must comply with federal low speed vehicle safety standards. Also, they would need to be equipped with brakes, an odometer, speedometer, the manufacturer’s vehicle identification number, windshield wiper, horn and battery charge indicator.

By local ordinance, the vehicles could only travel and cross over roads where the speed limit is up to 35 MPH. An ordinance could also forbid the use of NEVs on certain roads. An NEV is considered a passenger car and would need to be titled, registered and have the proper restraint systems. The operator would also be required to hold a driver’s license.

El proyecto de ley pasa ahora al gobernador para su promulgación.

* * *

The Senate voted 44-6 for House Bill 764, which would expand warrantless DNA collection to include people who have been arrested, but not convicted of felonies and some specified misdemeanors.

Under current law, DNA samples are collected from people after they have been convicted of those crimes. A criminal justice agency may also request that the State Police perform a modified DNA search in an unsolved case and provide information.

House Bill 764 would also make it a second degree misdemeanor to use the name or identifying information of another person to create a web page; post messages or open an account/profile on a social networking site; send an email or text; or open an email account while engaging in any of the following underlying offenses: harassment, terroristic threats, stalking, and witness or victim intimidation or retaliation.

El proyecto de ley vuelve ahora a la Cámara.

* * *

The Senate unanimously approved House Bill 1550, which would consolidates five existing business financing programs and place them  under the jurisdiction of the Pennsylvania Industrial Development Authority (PIDA).

The legislation would consolidate the

  • Small Business First and its affiliated programs:
  • Community Economic Development
  • Pollution Prevention Assistance
  • Export Financing
  • Machinery and Equipment Loan Fund (MELF)

The legislation consolidates five business loan programs under PIDA, including:

  • Small Business First and its affiliated programs:
  • Community Economic Development
  • Pollution Prevention Assistance
  • Export Financing
  • Machinery and Equipment Loan Fund (MELF)

The bill would also codify the Pennsylvania Military Community Enhancement Commission into state law. The commission has worked to conduct studies, engage in outreach to the public and private sector, worked with partners and stakeholder groups at all levels of government and supported projects that enhance the military value of Pennsylvania installations.

El proyecto de ley vuelve ahora a la Cámara.

* * *

The Senate unanimously approved Senate Bill 1367, which would ban the practice of persons being allowed to purchase gift cards in lieu of performing community service.

Under the bill, the term “purchase” means the use of money, a money order, a check, a debit or credit card, a gift card or certificate, or any other form of remuneration.

Between 2002 and 2008, the Northumberland County Probation Department allowed defendants to purchase gift cards, which were then given to the department and donated to local charities.  However, in 2014, approximately $4,000 in unused gift cards was discovered in a safe in the county’s probation department.

Apart from concerns over the potential for official abuse, lawmakers said the practice benefited those who could afford gift cards over defendants of lesser means.

El proyecto de ley pasa ahora a la Cámara.

* * *

The Senate voted unanimously in favor of House Bill 435, which would expand and enhance background clearance requirements for those who work with children or volunteer in a role where they supervise children.

This bill will expand the scope of those required to receive background clearances, require that clearances be renewed every 24 months, and require employees and volunteers to disclose arrests and convictions that would affect their ability to work or volunteer with children.

The bill now goes to the Governor.

* * *

The Senate voted 48-0 in favor of House Bill 359, which changes the tax reporting period for Pennsylvania charities.

The new law moves the commonwealth’s reporting deadline to match the federal law, which is the 15th day of the fifth month after the end of a charity’s fiscal year.

The governor approved House Bill 359 as Act 141 of 2014.

* * *

The Senate unanimously adopted House Bill 1440 and sent it to the governor for his consideration.

The measure is designed to clarify real estate assessment and building code issues that sometime arise when farmers and others erect “high tunnels” to extend their growing seasons. The bill clarifies the definition of “agricultural building” to include high tunnels and exempts

them from assessment and the state construction code.

El proyecto de ley pasa ahora al gobernador.

* * *

The Senate unanimously approved House Bill 1543, which would amend the state’s home improvement contractor law to give consumers – and contractors – better legal protection during home improvement jobs.

Before this change, contractors often enter into “time and materials” agreements with consumers but the agreements are not enforceable contracts and are not subject to the protections and penalties of the law.

If enacted, contracts would be subject to HIC protections and penalties based on the current standard of the total sales price or a time and materials provision on which the contractor and consumer agreed.

The governor received the bill on Oct. 14.

* * *

The Senate unanimously approved House Bill 1816, which wouldprevent schools from quietly transferring or hiring teachers, coaches and staff who have sexually exploited, abused and harassed students; a practice that is sometimes called “passing the trash.”

House Bill1816 would require a school entity to do a more thorough background check on applicants, including if they ever:

  • Have been the subject of an abuse or sexual misconduct investigation by any employer, state licensing agency, law enforcement agency or child protective services agency;
  • Have ever been disciplined, discharged, non-renewed or asked to resign from employment, resigned from or otherwise separated from any employment while allegations of abuse or sexual misconduct were pending or under investigation; and
  • Have ever had a license, professional license or certificate suspended, surrendered or revoked while allegations of abuse or sexual misconduct were pending or under investigation

House Bill 1816 also opens the door for educators to gain a “real knowledge” of modern manufacturing and improve their teaching of students who are interested in manufacturing careers.

The legislation was returned to the House for its concurrence.

* * *

The Senate unanimously approved House Bill 2353, which enables insurance companies to offer different types of assets as collateral, namely commercial real estate holdings.

This change was recommended by the National Association of Insurance Commissioners. Delaware, Iowa, Colorado, Kansas, Oklahoma, Nebraska, Michigan and Indiana have adopted similar laws.

The governor signed Pennsylvania’s House Bill 2353 into law as Act 144 of 2014.

* * *

The Senate voted 48-2 in favor of Senate Bill 476, which would establish a “corrections officers’ bill of rights.”

The proposal followed a recent case at SCI Pittsburgh that involved eight corrections officers who were suspended without pay and benefits for almost a year and did not have the ability to appeal or defend themselves.

The bill of rights would define certain privileges and provide corrections officers with the ability to appeal during disciplinary proceedings.

The bill is now before the House Labor and Industry Committee for its consideration.

* * *

The Senate unanimously concurred with House amendments to Senate Bill 807 and sent it to the governor for his consideration.

The proposal would create a voluntary license for people who graduate with a bachelor’s degree in social work or social welfare from a school accredited by the Council on Social Work Education.

A revenue-generating proposal for the commonwealth, the bill would make social workers with bachelor’s degrees more accountable.

Senate Bill 807 went to the governor for his consideration.

* * *

The Senate unanimously approved Senate Bill 1361, which would establish a “Ready to Succeed Scholarship Program.”

Students of families whose annual household income is less than $110,000 would be eligible to apply for a Ready to Succeed grant. Winning grant recipients would be determined based on their academic achievements during their first year at any PHEAA-approved higher education program.

SB 1361 is now before the House Education Committee.

* * *

The Senate unanimously passed a procurement reform bill intended to curtail investment in Iran’s energy sector.

House Bill 201 was originally drafted as a bill to reform the state’s procurement process by prohibiting a state employee from evaluating a contract proposal submitted by the employee’s former employer for two years. An amendment bars any company that invests more than $20 million in Iran’s energy sector from entering into a state procurement contract worth more than $1 million through the Pennsylvania Department of General Services.

El proyecto de ley vuelve ahora a la Cámara.

* * *

The Senate unanimously passed a bill intended to make it easier for non-profits and other entities to eliminate blighted properties in their communities.

House Bill 1363 decreases the time for court action on a petition from within 120 days of receipt of the petition to 60 days to push these delinquent owners into making repairs. The owner will also be required to post a bond for the estimated repair costs to prevent a property owner from stalling by promising to fix or repair the subject property that funding could be a problem.

El proyecto de ley espera ahora la firma del Gobernador.

* * *

The Senate unanimously passed House Bill 1672, which would create the State Agency Green Technology Implementation Act to identify new ways to reduce costs and improve efficiency by testing and procuring new, energy efficient technologies within state agencies.  The act directs the Department of General Services to enact criteria for the program.

El proyecto de ley espera la firma del gobernador.

 

* * *

 

On a nearly party-line vote (29 to 21) the Senate passed a bill that would make it easier for landlords to dispose of tenant property they deem to be abandoned.  House Bill 1714 would allow landlords to dispose of property left by tenants within 10 days unless the tenant communicates and intention to retrieve the property.   If the tenant requests storage, the landlord can dispose of the property after 30 days of storage at the tenant’s expense.

The bill goes back to the House for concurrence in amendments.

* * *

The Senate unanimously passed a bill that would allow PennDOT to outsource driver license tests to qualified private contractors.  House Bill 2092  was originally drafted to expand the CDL license exemption for farm vehicles from 150 miles to anywhere within the state.  An amendment inserted the driver license provision.

El proyecto de ley espera ahora la firma del Gobernador.

* * *

By a vote of 49-1, the passed Senate Bill 1310, which would establish the 17-member Pennsylvania Grade Crude Development Advisory Council.

The council would make recommendations on existing technical regulations promulgated under 58 Pa. C.S. (relating to oil and gas) and policies implemented by the Department of Environmental Protection that impact the conventional oil and gas industry.  The council would also review and comment on any technical regulations proposed under the Oil and Gas Act.

The council would issue a report and distribute it to the Department of Environmental Protection, the legislature, and the governor.

El proyecto de ley pasa ahora a la Cámara.

* * *

The Senate unanimously passed a bill intended to reform the bail bond process in Pennsylvania.

Currently, two types of bail bondsmen operate in Pennsylvania, “professional” or “property” bondsmen and “surety” bondsmen.  Professional bondsmen issue bonds using their own assets as collateral. Surety bondsmen, however, are licensed insurance producers that issue bonds on behalf of a licensed surety company. These two entities are currently licensed separately.

Senate Bill 1441 would modernize the licensing of bail bondsmen by discontinuing separate licensure and by requiring every bondsman to be licensed as an insurance producer with a casualty line of authority. They would also be required to issue bonds only under a power of authority granted by a qualified insurance company that has satisfied the minimum capital and surplus requirement necessary for licensure.

The bill would ensure that counties and court systems can enforce the law when a bondsman repeatedly fails to pay forfeited bail by allowing district attorneys and county solicitors to file a motion to non-renew or suspend a bail bondsmen license for failure of the bondsmen to pay bail or follow other aspects of the law.

Licensure will also require all bail bondsmen to:

  • Pass an approved 24 credit hour pre-examination course
  • Be subjected to fingerprinting by the Pennsylvania Insurance Department
  • Pass a licensing examination
  • Complete 24 credit hours of continuing education for each two-year license period
  • Adhere to Pennsylvania Insurance Department approved premium rates
  • Requires bondsmen to maintain an office in the Commonwealth to provide consumer protection.

El proyecto de ley pasa ahora a la Cámara.

* * *

The Senate voted unanimously in favor of House Bill 1357, which wouldrevise Title 18 and Title 75 of the Pennsylvania Consolidated Statutes to impose stricter penalties on a person pretending to be a law enforcement officer, a doctor, or any other public servant who is required to have a professional or occupational license.

Furthermore, the bill requires that drivers with ignition interlock licenses submit proof that every vehicle they own has ignition interlock devices.

The bill also punishes people who sell emergency vehicles if they do not remove or permanently disable sirens and emergency flashing lights.

El proyecto de ley pasa ahora al gobernador.

* * *

By a vote of 48-2, the Senate passed House Bill 1436, which would amend the Medical Foods Insurance Coverage Act to ensure that insurance carriers cover the cost of amino-acid based elemental formulas for children with severe food allergies or other esophageal disorders that prevent them from consuming normal foods.

El proyecto de ley pasa ahora al gobernador.

* * *

The Senate voted 40-9 in favor of House Bill 1590, which would make two changes to the Local Tax Collection Law.

These changes would require anyone submitting a nomination petition to include a criminal history check done by the state police, and mandate the education program offered by the Department of Community and Economic Development for an individual to take the oath of office as a tax collector.

Currently, anyone in Pennsylvania can run to become a tax collector, and the education program offered by the Department of Community and Economic Development is optional for tax collectors.

The bill will now go to the governor

* * * 

The Senate unanimously approved House Bill 1654, which would add six Lysosomal Storage Disorders (LSDs) to the list of genetic diseases that hospitals must screen infants for in Pennsylvania.

Currently, the six LSDs are not screened along with other diseases when children are born in Pennsylvania. These six LSDs include: Krabbe, Fabry, Pompe, Niemann-Pick, Gaucher and Hurler Syndrome.

This bill would cost-effectively screen these disorders together with other current diseases that infants are screened for in Pennsylvania.

El proyecto de ley pasa ahora al gobernador.

* * * 

The Senate unanimously passed House Bill 1702, which would authorize a new affordable tool to help aging Pennsylvanians to live safely at home through the Community Respite Services Program Act.

Community Respite Service Programs provide services to individuals who need more than the normal scope of services offered at senior centers, but not the full attention of licensed adult day centers.

This legislation will provide for appropriate safeguards and standards of care, and ensure that such programs would be overseen by the local Area Agencies on Aging.

El proyecto de ley pasa ahora al gobernador.

 * * * 

The Senate unanimously passed House Bill 2204, which would amend the Early Intervention Services Act of 1990 to add a sixth category of at-risk children to trigger automatic tracking of an infant or toddler by early intervention services.

Currently, there are five categories that trigger the automatic tracking of a child by early intervention services. These categories include children whose birth weight is under 1500 grams; children being cared for in neonatal intensive care units of hospitals; children born to chemically dependent mothers; children who are seriously abused or neglected; and children with confirmed dangerous levels of lead poisoning.

The bill now goes to the governor. 

* * * 

By a vote of 48-2, the Senate passed Senate Bill 1290, which would require wireless providers to “ping” (signal to the cell phone to help determine the general cell tower location it is in) a potential victim’s cell phone at the request of law enforcement officials to help locate the missing person.

This would go into effect when there is sufficient information to believe there is a risk or threat of death or serious physical harm. Since 2005, the FCC has required cell phone manufacturers to include GPS receivers in all devices.  This has allowed first-responders to pinpoint the location of 911 callers in case of an emergency.

Currently, Pennsylvania law enforcement officials can request this information from cell phone providers. However, a subpoena is required in most cases.

El proyecto de ley pasa ahora al gobernador.

* * * 

The Senate voted 49-1 in favor of Senate Bill 1481, which would revise the Solid Waste Management Act to further govern the transportation, storage, collection, treatment, processing, and disposal of waste that cannot be recycled.

This bill also requires municipalities to submit plans for municipal waste management systems in their jurisdictions.

El proyecto de ley pasa ahora a la Cámara.

 

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