NEWS For The 144th From State Representative KATHY WATSON Fall 2009
Legislation Becomes New Law New Laws Impacting Your Life Below are brief summaries of some of the bills that have been enacted into law in the current 2009-10 Legislative Session. Perhaps you, a member of your family or a friend will find this information helpful. Act 1 (HB 84) establishes the “Preventable Serious Adverse Events Act”,
which prohibits a health care provider who is responsible for causing an adverse event for a patient from seeking payment from a health payor, patient or other responsible party. A preventable serious adverse event is defined as an event that occurs in a health care facility that is within the provider’s control to avoid, but occurs due to an error or system failure and results in a patient’s death, disfigurement, disability or loss of body function. Pennsylvania’s Departments of Public Welfare, Health, and State have specific duties and responsibilities under the provisions of Act 1. Act 18 (HB 270) amends Title 23 (Do-
mestic Relations) and permits a former mayor, a former or retired Pennsylvania justice, judge or magisterial district judge who is not serving as a senior judge or senior magisterial district judge, and who meets certain criteria, to solemnize marriages. Act 30 (HB 1770) allows those who are collecting unemployment compensation to receive an additional seven weeks of federally-funded extended benefits under the federal American Recovery and Reinvestment Act of 2009 (ARRA). This bill is retroactive to July 1, 2009. If you have filed an application for UC benefits within the last year and have a specific question about eligibility, please call 1-888-313-7284.
Act 31 (HB 1654) amends Title 7 (Banks and Banking) to provide for the licensure and better regulation of the mortgage industry and names Chapter 61 of Title 7, as the “Mortgage Licensing Act.” The intent of the legislation is to bring Pennsylvania’s mortgage licensing law into compliance with the federal Secure and Fair Enforcement (SAFE) for Mortgage Licensing
Act. Some of the important changes in
Chapter 61 include: removes licensure exemptions for mortgage originators; provides a bonding requirement for mortgage originators; increases from 12 to 20 hours the pre-licensing education requirement for loan originators; provides for the denial of a Mortgage Originator license. Changes have been enacted in an effort to better police the mortgage industry. Act 37 , (SB 240), the Emergency Medical Services System Act, re-writes Act 45 of 1985, and places the newly established and consolidated Act 37 into
Title 35 (Health and Safety). Additionally, Act 37 amends Title 75 (Vehicle Code) by expanding the definition of “emergency vehicle.” Included among the major provisions and expanded requirements of the Emergency Medical Services System Act is that it defines the scope and prac-
tice of EMS providers in accordance with national standards, rather than basing it solely on the EMS curriculum. Act 38 (HB 39) strengthens Pennsylvania’s animal cruelty laws in reference to surgical procedures performed on dogs. The following procedures may be performed by a veterinarian, but are now a summary offense if performed by an unlicensed individual: cropping, trimming, cutting off, causing or procuring to be cropped, trimming or cutting off, the whole or part of the ear or ears of a dog; debarking a dog by cutting, causing or procuring the cutting of its vocal cords, or by altering, causing or procuring the alteration of any part of its resonance chamber; docking, cutting or procuring the docking or cutting off the tail of a dog over five days old; performing surgical births or causing or procuring a surgical birth; or cutting off, causing or procuring the cutting off of the dewclaw of a dog over five days old.
Legislation Extending Health Insurance Benefits to Young Adults Through Age 29 Becomes Law In a move to extend health care benefits to individuals who may otherwise lose coverage due to age, the House and Senate passed Senate Bill 189. Signed by the Governor on June 10 as Act 4, the new law mandates that at the option of a policyholder, a health insurer must provide coverage benefits to the insured employee’s child up through and including the age of 29. The policyholder on a group policy will be the employer offering health benefits to his or her employee. However, the employer would not be required to contribute to any premium increase. According to the provisions of the bill, a child would have to meet the following eligibility requirements: Is not married; Has no dependents; Is a Pennsylvania resident, or is enrolled as a full-time student at an institution of higher learning; and, Is not covered by another health insurance policy. It is important to note, that if the child is a student attending college out-of-state, he or she must maintain Pennsylvania residency in order to qualify. Act 4, which became effective
on September 10, applies to the Health Maintenance Organization Act (HMOs) and to the “Blues” on new contracts and contract renewals occurring 90 days after the effective date of September 10, 2009.
For more information on these or any other state laws or legislation introduced, please visit www.legis.state. pa.us, click on “Session Information”, under the section labeled “Find”.
IMPORTANT INFORMATION FROM REP. WATSON If you would like to receive automatic news alerts or information about important state government programs and services, please visit www.KathyWatson144.com and click on “Sign Up for E-News Updates.” By signing up, you will receive news releases and legislative updates.
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TRAVEL NOTE The Pennsylvania Department of Transportation (PennDOT) is up and running with its 511PA information system. By dialing 511 from a landline or cellular phone, travelers may access a free, 24-hour service which provides the latest traffic delay warnings, weather forecasts, regional tourism information, and links to major airports and transit agencies. The service is also available on the Web at www.511PA.com. Personalized traveler alerts are also available by text message and e-mail for individuals who wish to register for these services online. Cell phone users and text messagers should contact their providers regarding local airtime, roaming or texting charges.
Rep. Watson urges all drivers to refrain from accessing the system while operating a motor vehicle.
Winter Safety Reminders for Motorists Pennsylvania drivers should be aware that state law requires the removal of snow and ice from vehicles, including rooftops, prior to operation. Failure to comply could result in a fine ranging from $200 to $1,000. Falling debris from a moving vehicle presents a danger to all motorists and pedestrians travelling on the roadways. In addition, Pennsylvania enacted a law in January 2007 which requires that vehicle headlights be turned on in conjunction with windshield wipers whenever inclement weather or poor atmospheric conditions are present. This includes rain, snow, sleet, fog, mist, etc. Violators could be assessed a fine of up to $100 per offense. Please do your part to help keep our roads safe by obeying these and all of Pennsylvania’s motoring and traffic laws.
Transportation News House Passes Legislation Dealing with Teen and Distracted Drivers On April 27, 2009, Pennsylvania moved one step closer to enacting stricter laws designed to protect teen drivers. House Bill 67 , a comprehensive transportation safety bill introduced by Rep. Joseph Markosek (Westmoreland County), passed by a vote of 168-24. House Bill 67 contains the major provisions of Rep. Watson’s current House Bill 289. Over the last three legislative sessions, Watson introduced bills to protect teens holding junior driver’s licenses. “I have sponsored legislation and participated in numerous public hearings to further improve the state’s graduated licensing law for teen drivers,” said Watson, who serves as the Republican chairman of the House Subcommittee on Transportation Safety. “Distracted driving, especially for young drivers, is one of the fastest-growing causes of serious car crashes, and it’s time to reduce those distractions and save more lives.” Specifically, HB 67 limits the number of passengers permitted in a vehicle driven by a junior driver (ages 16 ½ to 18) to only one under the age of 18, with the exception of siblings residing in the same household as the driver. This portion of the legislation is known as “Lacey’s Law” in honor of Lacey Gallagher who was killed in a singlevehicle crash in April 2007. Other provisions of HB 67 borrowed from Rep. Watson’s teen driving legislation include: increasing the required number of hours of behind-the-wheel training from 50-65, including 10 hours of nighttime driving and 5 hours of driv-
ing in inclement weather; and making it a primary offense for anyone in the car under the age of 18 to be riding without a seatbelt. Under the current law, a driver may be cited for not wearing a seat belt only if stopped for another traffic violation. HB 67 contains additional safety measures for teen drivers. The bill defines and bans the use of “interactive wireless communications devices” by young drivers and requires reports of accidents which occurred while these devices were in use. HB 67 also clarifies suspensions imposed on junior drivers as a result of speeding. In an effort to make the legislation comprehensive, HB 67 addresses driver distractions for all adult drivers, as well. Official accident reports would include information about whether an interactive wireless communication device was in use at the time of the accident; PennDOT would be required to compile data and publish a report about the use of such devices in vehicles involved in an accident; prohibit the placement of video receiving equipment (monitor, television, video screen, etc.) in a vehicle where it would be visible to the driver. Finally, HB 67 establishes an additional penalty for distracted driving and defines the offense. To read the full text of HB 67, which has been referred to the Senate Transportation Committee for consideration, please visit the General Assembly’s website at www. legis.state.pa.us.
On a related note, Rep. Watson also introduced House Resolution 480, recognizing the week of October 18 through October 24 as “National Teen Driving Safety Week” in Pennsylvania.
Highway Safety Now Enhanced at
www.DriveSafePA.org
IMPORTANT NOTE REGARDING 2010 HOUSE OF REPRESENTATIVES CALENDARS Due to this year’s budget constraints, no House calendars will be printed for 2010. While recognizing that this is unfortunate, we believe it is a valid and appropriate decision given the expense involved in the printing and the Commonwealth’s current economic condition. Hopefully, the state’s fiscal situation will improve in 2011. We apologize for any inconvenience.
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for the 144th District Construction of the 202 Parkway has finally begun! Therefore, below is an overview of the Parkway construction process with an update on current status. The 202 Parkway is a nine-mile stretch of road beginning at Route 63 (Welsh Road) in Montgomery Township and ending at the Route 611 Interchange in Doylestown Township, and aligned between Upper State and Stump Roads. It will include a four-lane roadway with five-feet wide paved shoulders between Route 63 and Route 463 (Horsham Road); and a two-lane roadway with five-feet wide paved shoulders between Horsham Road and the 611 Interchange. Completion of the roadway is scheduled for late 2011. The Parkway design includes bridges over Route 309; Almshouse Road; and New Britain Road, with below-grade crossings at Pickertown and Wells Roads. The only at-grade intersections within the Bucks County portion of the road will be where the Parkway meets and crosses County Line Road; Limekiln Pike; Bristol Road; and Lower State Road. All necessary permits for the four stages of Parkway construction have been granted. Stage one, referred to as Section 701, the Montgomery County portion of the roadway between Welsh and Horsham Roads, has been cleared and graded, with culverts and
stormwater basins now in place. The work is being completed by J.D. Eckman, Inc. Stage two, referred to as Section 721, is a 3.4 mile section of roadway between Pickertown Road and the Route 611 Interchange. The low-bid contractor for this section is James D. Morrissey, Inc. of Philadelphia. Weather permitting, preliminary construction should begin before winter sets in. Stage three, referred to as Section 711, is the middle portion of the roadway, located between Pickertown Road and Horsham Road. Bids opened on September 10, and preliminary construction is set to begin before winter. The final stage of the Parkway, Section 7WM, is known as the Wetlands Mitigation site. Mandated by federal law, a site was selected along the Little Neshaminy Creek, north of County Line Road. This section was developed to mitigate the impact of the construction of the Route 202 Parkway on wetlands and wildlife. Work has been performed on Section 7WM for more than six months. This includes spring plantings which follow the directives of the U.S. Army Corps of Engineers and provide suitable
housing for ducks, geese, frogs, toads, and other aquatic invertebrates. Work on this section will continue through the fall of 2009. Proposed Detours: During the two-
year long construction, there will be some detours as the construction progresses and approaches certain intersections. Plans call for Bristol Road to be a one-way detour (heading northwest) through the summer of 2010 to avoid interfering with Central Bucks School District’s fall bus schedule. A detour around Pickertown Road is slated for late 2010 once Bristol Road is re-opened. Every effort is being made not to gridlock the area during construction. Adjacent Projects: In an effort to reduce traffic congestion in the areas surrounding the Parkway, County Line Road (Section WD1) will be widened between Stump Road and Route 202; construction is to begin in July of 2010. The widening of Horsham Road (between Upper State and North Wales Roads) is continuing. For more information and latest updates, visit the official US202, Section 700 website at http://www.us202-700.com.
Visit the 202 Parkway at www.us202-700.com
NEW LAW IMPROVES HOME IMPROVEMENT
2008 Property Tax/Rent Rebate Application Deadline Extended
According to the provisions of the Home Improvement Consumer Protection Act (Act 132 of 2008), which went into effect on July 1, 2009,
Eligible applicants have until December 31, 2009 to file for a rebate on property taxes or rent paid in calendar year 2008 through the Pennsylvania Property Tax or Rent Rebate Program.
all home improvement contactors in Pennsylvania who do $5,000 or more annually in home improvements, must register with the PA Attorney General’s Office. This registration is mandatory and is valid for two years. The law defines a home improvement contractor as: Any person
who owns and operates a home improvement business or who undertakes, offers to undertake or agrees to perform any home improvement. The term includes a subcontractor or independent contractor who has contracted with a home improvement retailer, regardless of the retailer’s net worth, to provide home improvement services to the retailer’s customers. The term does not include any of the following: (1) A person for whom the total cash value of all of that person’s home improvement contracts is less than $5,000 during the previous taxable year. (2) A home improvement retailer having a net worth of more than $50,000,000 or an employee of that retailer who does not perform home improvements.
A pamphlet entitled “Contractor Registration Information” is available at Rep. Watson’s Warminster and Hilltown district offices. Additional information regarding the Home Improvement Consumer Protection Act, as well as an online registration form and a downloadable form are available on the Attorney General’s website, www.attorneygeneral.gov. Forms may also be requested by calling 1-800-441-2555. Completed paper applications may be submitted by mail to: Pennsylvania Office of Attorney General, Bureau of Consumer Protection, ATTN: Home Improvement Contractor Registration, 15th floor, Strawberry Square, Harrisburg, PA 17120. All applications must be accompanied by a nonrefundable fee of $50. As of July 1, 2009, consumers have the ability to check to see if a home improvement contractor has registered by visiting the Attorney General’s website or by calling the toll-free hotline at 1-888-520-6680. New legislation, Senate Bill 973, adds the definition of “home improvement retailer” to the Home Improvement Consumer Protection Act. A “home improvement retailer” is defined as a person who sells materials for use in home improvement contracts. Included in SB 973 is an increased dollar value that a home improvement contract must reach before the contractor can collect one-third of the contract’s cost (currently $1,000, it would change to $5,000 under this bill). SB 973 has passed both the House and Senate and awaits the Governor’s signature.
Attention Persian Gulf Conflict Veterans Pennsylvania’s Department of Military and Veterans Affairs continues to accept applications for the Persian Gulf Conflict Veterans’ Benefit Program. The deadline to apply is August 31, 2015. Both current and former members of the Armed Forces are eligible for the program if they meet specific criteria regarding active military service during the Persian Gulf Conflict. Complete details and applications for the Persian Gulf Conflict Veterans’ Benefit Program are available on the Pennsylvania Department of Military and Veterans Affairs website at www.persiangulfbonus. state.pa.us or by calling the Persian Gulf Veterans Benefit Program at 1-866-458-9182. Also, an informational brochure is available at Rep. Watson’s district offices.
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Representative Watson
To qualify, individuals must meet one of the following criteria: • A person who is 65 years of age or older as of December 31, 2008; • A widow or widower 50 years of age or older as of December 31, 2008; • Individual under 65 years of age who resided in the same household with a spouse age 65 or older; • Disabled Pennsylvanians, age 18-64. Total household income from all sources may not exceed $35,000 for homeowners or $15,000 for renters. Only 50% of Social Security, Supplemental Security Income, and Railroad Retirement Tier 1 benefits must be included. For an application or additional information regarding eligibility and income sources which must be reported, please call Rep. Watson’s Warminster or Hilltown district office.
HELP WITH HEATING BILLS AVAILABLE Low income individuals and families may be eligible to participate in the Low Income Home Energy Assistance Program, LIHEAP, which runs until March 15, 2010. Income guidelines apply (cannot exceed 150 percent of the Federal Poverty Income Guidelines) and are based on the size of the household. For example, a family of four with a household income of $33,075 would qualify for assistance. If approved, a cash payment ranging from $100 to $1000 is sent directly to an eligible person’s utility company or fuel provider and credited to their bill. The fastest way to apply is online at www.compass. state.pa.us. Applications are also available at the local County Assistance offices or by calling 1-866-857-7095. For further information on this and other LIHEAP programs including opening dates and deadlines (Crisis, Weatherization, etc.), please call Rep. Watson’s Warminster or Hilltown district office. NOTE: PECO customers may call 1-800-34-HELP-4 to apply for LIHEAP. To request information on other PECO programs designed to assist low-income customers including the Customer Assistance Program (CAP), the Matching Energy Assistance Fund (MEAF), and the Customer Assistance and Referral Evaluation Services (CARES), please call 1-800-774-7040. For information on PECO’s Low Income Usage Reduction Program (LIURP), call 1-800-675-0222.
Warminster District Office: 1410 West Street Road Warminster, PA 18974 (215) 674-0500
Hilltown District Office: Hilltown Township Building PO Box 166, 13 W. Creamery Rd. Hilltown, PA 18927 (215) 453-7888
Internet Website: www.KathyWatson144.com