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Harrisburg HappeningsA report on the Legislative Session from the week of October 1, 2018 Dear Friend, I am pleased to send you my Session Wrap Up e-newsletter. This e-newsletter features events and legislative activities during the Session Week of October 1, 2018. If you find this e-newsletter useful, I invite you to visit my website www.senatordonwhite.com for more information about your state government. If you do not wish to receive these e-newsletters, please click the “unsubscribe” button at the bottom of the page. If you would like to contact my office, please go to my web page and click the “contact” button. Please do not “reply” directly to this e-mail. Sincerely, Don White Senator White Helps Promote Grandparents’ Custodial RightsI was pleased to help the Pennsylvania Bar Association (PBA) launch the “Understanding When Grandparents and Others Can Seek Custody” public information campaign during a press conference in the Capitol on Tuesday. Audio The new campaign is intended to inform grandparents of their expanded rights under Act 21 of 2018, my legislation that went into effect in Pennsylvania on July 3. The bill expands custody rights for caregivers who find themselves in tragic situations like these provided they can show that they have a sustained, substantial and sincere interest in the welfare of the child. As a result of the opioid epidemic sweeping the state, more and more grandparents, other family members and neighbors are becoming primary caregivers of minor children when parents are absent. Recent statistics from Grandfamilies.org show that 103,000 children in Pennsylvania live with a relative with no parent present and more than 88,000 grandparents are householders responsible for their grandchildren who live with them. Too many lives have been tragically cut short by the opioid epidemic that is ravaging communities across the state and their children end up becoming caught up in the turmoil that ensues. My legislation gives grandparents or other relatives the ability to file for legal custody if they can show that they have a sustained, substantial and sincere interest in the welfare of the child. During the press conference, I had the opportunity to talk about Calvin and Bobbie Farren of Indiana and their effort to take custody of their grandchildren after the passing of the youngsters’ parents. It was determined by a court that the grandparents did not have standing to pursue custody because they did not meet the criteria under state law, as revised in 2010. There is an age-old adage that blood is thicker than water, but that simple truism wasn’t codified in the volumes and volumes of family law and the Farrens were treated as outsiders by the court. That’s just not right for the grandparents or the children. Standing, in a legal sense, is a preliminary step that determines only which parties can be in the courtroom pursuing custody. In a custody trial the court considers the “best interests of the children” and takes into account the children’s relationship with all of the parties. As part of the Oct. 1-15 informational campaign, newspaper ads run under an agreement with the Pennsylvania NewsMedia Association will be placed in more than 80 newspapers across the state. In addition, in partnership with the Pennsylvania Association of Broadcasters, a 30-second television and radio spot will be airing statewide and an informational brochure will be distributed by the PBA and participating county bar associations. The brochure and other resources are available on the association’s website at www.pabar.org. Senate Sends Domestic Violence Prevention Bill to GovernorThe Senate passed legislation on Wednesday intended to help prevent domestic violence cases. Under House Bill 2060, firearms relinquishment would take place in the case of a conviction for a misdemeanor crime of domestic violence when the defendant has been proven guilty beyond a reasonable doubt. In the case of a civil order, which would be a Protection from Abuse (PFA) order, a judge would order the relinquishment of firearms after a hearing at which evidence is presented and both parties have a chance to speak. A final PFA order cannot exceed three years. The measure does not take firearms away from responsible gun owners but removes them from individuals who have received due process, and are deemed by the court to be violent and pose a serious threat to others. Two additional bills received final legislative approval this week and were sent to the Governor. House Bill 126 allows certain entities to have non-patient specific epinephrine auto-injectors. Senate Bill 172 provides a three-year trial period for PENNDOT to place speed cameras in active work zones on limited access highways Senate Approves Purple Heart, Legion of Merit License PlatesThe Senate approved a measure this week that will allow for a special Purple Heart license plate for motorcycles that is similar to the one currently available for cars and trucks. House Bill 1294 also would authorize PENNDOT to create a license plate for cars and trucks to recognize Legion of Merit recipients. The measure would also allow transportation network companies, such as Uber, to display illuminated signs, pending approval by the Public Utility Commission. House Bill 1294 returns to the House for concurrence on Senate amendments. The Senate also approved several other bills this week. Senate Bill 180 updates and revises state law relating to organ and tissue donations. The bill returns to the House for concurrence on further Senate amendments to House amendments. Senate Resolution 292 directs the Joint State Government Commission to study the College and University Student Vaccination Act. Senate Bill 623 updates and revises Pennsylvania law to include the codification of Pennsylvania Orders for Life Sustaining Treatment to be used by medical professionals. Senate Bill 701 conveys a property in Harrisburg held by the Department of General Services to the Public School Employees’ Retirement System. Senate Bill 764 creates a recreational vehicle (RV) specific law which would govern RV dealers, manufacturers, and salespeople. The bill returns to the House for concurrence on further Senate amendments. House Bill 783 exempts manufactured homes — not previously titled in Pennsylvania — from the tax certification requirement. The bill returns to the House for concurrence on Senate amendments. Senate Bill 912 provides greater access to in-home care by extending “presumptive eligibility” to those who meet the qualifications for Medicaid. Senate Bill 1073 extends the Pennsylvania Heart and Lung Act to include several law enforcement entities that are not currently protected by this coverage. Senate Bill 1176 amends the Home Rule Law. Senate Bill 1232 renames a portion of Route 30 in Westmoreland County. Senate Bill 1237 addresses rural hospital issues. House Bill 1386 amends the Public School Code by adding a new section concerning instructional certificate grade spans and age levels. The bill returns to the House for concurrence on Senate amendments. House Bill 1414 authorizes visual and audible signals on emergency vehicles for additional fire personnel; flashing yellow and white lights on tow trucks; yellow strobe lights for solid waste collection vehicles; and mounted internal blue lights for volunteer firefighters. The bill returns to the House for concurrence on Senate amendments. House Bill 1499 amends Title 68 (Real and Personal Property) to clarify and update provisions relating to planned communities, condominiums and cooperatives. The bill returns to the House for concurrence on Senate amendments. Committee RoundupAgriculture & Rural Affairs The Senate Agriculture & Rural Affairs Committee approved two Resolutions on Tuesday. Senate Resolution 418 urges Congress and the U.S. Department of Agriculture to include fresh milk as an eligible product in its Senior Farmers Market Nutrition Program. Senate Resolution 421 urges Congress to pass a 2018 Farm Bill that includes the Hemp Farming Act of 2018 and calls on the Pennsylvania Department of Agriculture to conduct a study of industrial hemp research pilot programs. Appropriations The Senate Appropriations Committee approved six bills on Monday. House Bill 289 adds reasonable living expenses incurred by a birth mother to the list of permissible reimbursable expenses paid by adoptive parents in an adoption. House Bill 504 allows owners of self-service storage units to obtain a limited license from the Pennsylvania Insurance Department to sell insurance to those renting storage space to cover the contents of the storage units. House Bill 1386 amends the Public School Code by adding a new section concerning instructional certificate grade spans and age levels. House Bill 1460 imposes additional reporting requirements on the Public School Employees’ Retirement System board and the State Employees’ Retirement System board. House Bill 2325 allows a reliable, but hearsay, statement from a victim who is intellectually disabled or autistic to be admissible in court. House Bill 2453 amends the Check Casher Licensing Act to strengthen enforcement provisions, increase penalties, and permit cashing of certain post-dated checks. The Appropriations Committee approved eight bills on Tuesday. House Bill 26 permits organizational registration plates for use on motorcycles and allows for abbreviated portions of an organization’s name on special plates. House Bill 86 establishes new emissions test requirements for certain vehicles that currently must get a treadmill test (dynamometer) in the Philadelphia region and a tailpipe probe test in the Pittsburgh region. House Bill 128 increases the penalty for trafficking in infant children. House Bill 783 exempts manufactured homes not previously titled in Pennsylvania from the tax certification requirement. Senate Bill 912 provides greater access to in-home care by extending “presumptive eligibility” to those who meet the qualifications for Medicaid. Senate Bill 1237 addresses rural hospital issues. House Bill 2060 provides for the relinquishment of firearms following a conviction of a misdemeanor offense for domestic violence or the court issuance of a protection from abuse order. House Bill 2124 requires institutions of higher education to send annual letters to students with information on their student loan debt, including estimates of their total debt at graduation and estimated monthly payments. Community, Economic & Recreational Development The Senate Community, Economic & Recreational Development Committee approved House Bill 1511 on Wednesday. The bill amends the Tax Reform Code providing for definitions and the imposition of the hotel occupancy tax, and establishing a restricted revenue account to be known as the Tourism Promotion Fund. Education The Senate Education Committee approved four bills on Tuesday. House Bill 1745 creates the Fostering Independence Through Education Act, providing for a tuition and fee waiver program for youth who are, or were, in foster care. House Bill 2052 amends the Public School Code by adding a new section concerning military parent student support. House Bill 2158 adds a new section to the Public School Code concerning career information and recruitment. House Bill 2159 amends the Public School Code concerning transfers of credits between institutions of higher education. Finance The Senate Finance Committee approved two bills on Wednesday. House Bill 645 amends Article XIX-A (Neighborhood Assistance Tax Credit) of the Tax Reform Code of 1971 regarding tax credits and providing for reporting. Senate Bill 1258 clarifies the Sales and Use Tax regarding canned and customized software, financial institution security equipment, and services fees on financial institutions. Judiciary The Senate Judiciary Committee approved House Bill 2060 on Monday. The bill provides for the relinquishment of firearms following a conviction of a misdemeanor offense for domestic violence or the court issuance of a protection from abuse order. The Judiciary Committee approved five bills on Tuesday. Senate Bill 1023 limits parole re-application for sexually violent offenders. Senate Bill 1154 prohibits the sale of dogs, cats, and rabbits in pet stores unless sourced from shelters and rescues. Senate Bill 1207 addresses financial exploitation of senior citizens through powers of attorney. Senate Bill 1245 addresses recommendations included in the 2017 Pennsylvania Juvenile Justice and Delinquency Prevention Plan. House Bill 1931 amends the Crimes Code regarding law enforcement officers’ power to remove or arrest trespassers. Labor & Industry The Senate Labor & Industry Committee approved Senate Bill 479 on Monday. The bill provides up to six weeks of unpaid leave to an employee to care for a sibling, grandparent or grandchild with a serious health condition if the individual has no living spouse, child over 17 years of age, or parent under 65 years of age. The Labor & Industry Committee approved two bills on Tuesday. House Bill 1840 re-establishes a provision in the Workers’ Compensation Act authorizing Impairment Rating Evaluations for claimants, addresses the Supreme Court’s Protz ruling (Protz vs. Derry Area School District), and increases the burial benefit in the Workers’ Compensation Act from $3,000 to $7,000. House Bill 2206 amends the Workforce Development Act by changing the composition of a local workforce development board to include at least one local administrator of a career and technical center. Rules & Executive Nominations The Senate Rules & Executive Nominations Committee approved three bills on Monday. House Bill 126 allows certain entities to have non-patient specific epinephrine auto-injectors. Senate Bill 172 provides a three-year trial period for PENNDOT to place speed cameras in active work zones on limited access highways. Senate Bill 180 updates and revises state law relating to organ and tissue donations Urban Affairs & Housing The Senate Urban Affairs & Housing Committee approved two bills on Tuesday. Senate Bill 340 provides for the tax sale of abandoned properties. Senate Bill 1185 creates a state housing tax credit. |
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