PA Governor Rendell Signs Bills

HARRISBURG, Pa., May 11, 2006 -- Governor Edward G. Rendell today signed the following bills into law:

House Bill 15, which amends the Crimes Code and the Vehicle Code to provide for victim impact panels. Under current law, 45 percent of the grant money in the substance abuse education and demand reduction fund, administered by the PA Commission on Crime and Delinquency, is to go to programs to provide research-based approaches to prevention, intervention, training, treatment and education services to reduce substance abuse, or to help families receive such services.

As amended, the 45 percent will be available to nonprofit organizations, which may apply for grant money with a local government unit to provide the same services. Additionally, 20 percent of the 45 percent may be used by an entity other than a nonprofit organization to help in the start-up of victim impact panel programs, to study the benefit and outcome of impact panels in Pennsylvania, and provide assistance for the ongoing operation of victim impact panels.

Further, under current law, no more than 20 percent of the money in the substance abuse education and demand reduction fund is to be awarded to "statewide programs" to educate youth and caregivers of youth and employers about the dangers of substance abuse, and up to another 20 percent is to be awarded to "statewide programs" to educate employers, unions and employees about the dangers of substance abuse in the workplace.

As amended, this money will be made available to "eligible organizations" to achieve the same objectives. An "eligible organization" is defined as a statewide organization that has five or more consecutive years of experience carrying out substance abuse education and demand reduction or substance abuse treatment programs, maintains a drug-free workplace policy, and has as its purpose the reduction of substance abuse.

Additionally, HB 15 amends Title 75 (Vehicle Codes) providing for penalties for driving under the influence of alcohol or a controlled substance. The bill provides that in addition to any other penalty, a person who commits the offense of driving while under the influence (DUI) may be ordered to attend a victim impact panel program. Victim impact panel programs are to provide a non-confrontational forum for persons affected by an accident that occurred where a driver was drunk or under the influence of a controlled substance to talk about the impact of the accident with DUI offenders. Panels are to be administered through the local office of probation and parole, and operated in consultation with the state's Mothers Against Drunk Driving (MADD) organization. The panel may charge a participation fee, but may not operate at a profit.

PennDOT is charged with establishing an acceptable range of fees, as well as developing standards and incentives to encourage counties to establish victim impact panels. PennDOT is to also form a committee with the Department of Health, PCCD, the Office of Victim Advocate, Administrative Office of Pennsylvania Courts (AOPC), county officials, MADD and the Pennsylvania DUI Association to develop such standards, which will include prototype and design for panels, training standards for presenters and moderators, operations policy, evaluation standards to track and analyze recidivism data, standards for counseling and debriefing victim presenters, standards for reimbursement costs to victims for participation, and assistance to counties in coordinating state and Federal streams of money to establish victim impact panels.

The bill, sponsored by Rep. Gene DiGirolamo (R-Bucks), passed the House 194-0 and the Senate, with amendments, 47-2. The House concurred 198-0. The bill becomes effective immediately.

House Bill 121, sponsored by Rep. James R. Roebuck, Jr. (D-Philadelphia), makes several amendments to Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes. Under current law, people cannot have their operating privileges reinstated until they complete court-ordered treatment and pay all court-imposed fines and costs. This bill would allow the person to have his license reinstated if he is on a payment plan for such costs.

Additionally, the bill provides that a vehicle may not pass a streetcar on the left when the streetcar is moving in the same direction. Nor may a vehicle pass a streetcar that has stopped to receive or discharge passengers on the side on which the passengers enter and the exit the streetcar until the doors are closed and any discharged passengers have moved to the side of the highway. This provision is not applicable to locations where streetcars are operating on tracks located within a median section of the roadway separated from the roadway by curbs or other physical barriers.

The bill also provides that when snow or ice is dislodged from a moving vehicle and strikes another vehicle or a pedestrian, causing death or serious bodily injury, the driver shall be subject to a fine ranging from $200 to $1,000 for each offense.

Finally, HB 121 would permit ignition interlock system providers to provide mobile installation of ignition interlock systems through Pennsylvania. Mobile installation of ignition interlock systems will be held to the same standard of security and the same procedural standards as provided by PennDOT. Further, mobile installers shall not allow the program participant or any unauthorized personnel to witness the installation of the ignition interlock system, and regular maintenance of the ignition interlocks after mobile installation shall be performed according to PennDOT's specifications.

The bill passed the House 193-0 and the Senate, with amendments, 42-7. The Senate concurred 184-14. The bill will take effect in 60 days.

House Bill 137 amends the state Vehicle Code. Under current law, a person operating a motorcycle manufactured after 1973 on a highway must display lighted head lamps and other lamps at all times. This bill amends the current law to provide that operators of motorcycles manufactured after 1986 will display such lamps.

The bill also increases the fine operating a vehicle or combination on a highway or bridge in violation of a weight or size restriction imposed due to hazardous traffic conditions or other safety factors. Under current law, fine may be no less than $25 and no more than $100. This amendment allows that the fine will not exceed any more than $500. The new fine provisions will not take effect for 60 days. The remainder of the bill takes effect immediately.

The bill, sponsored by Rep. Patrick E. Fleagle (R-Franklin), passed the House 198-0 and the Senate 47-1.

House Bill 218, sponsored by Rep. Dave Reed (R-Indiana), amends the Downtown Location Law of 2000 (Act No. 32) by redefining the term "downtown area," taking into consideration a community's "recognized sense of place," certain grid patterns, historically-served business districts, and centers of economic, social and civic activity.

The bill adds the term "pedestrian orientation" to recognize those areas that place an emphasis on pedestrian activity rather than auto access.

The bill passed the House 198-0 and the Senate 48-0. This bill will take effect in 60 days.

House Bill 601 amends Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes. Under current law, credit toward serving the period of suspension of one's operating privileges imposed for certain motor vehicle violations will not begin until the person is released from prison. This bill adds suspension that was imposed because the person was involved in an accident involving death or injury to that list.

The bill stipulates who is to pay the cost of the chemical testing to determine the amount of alcohol or controlled substance the person driving a motor vehicle has consumed. When the test results in a conviction or placement into ARD or an adjudication of delinquency under section 3802, pertaining to driving under the influence of alcohol, the individual tested is to pay. If the person was found not guilty or had the charges dismissed or withdrawn, the requesting authority is to pay.

The bill, sponsored by Rep. Merle H. Phillips (R-Northumberland/Snyder), passed the House 194-0 and the Senate, with amendments 49-0. The House concurred 198-0. The bill takes effect in 60 days.

House Bill 750, sponsored by Rep. Mario Scavello (R-Monroe), amends Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes to provide that no matter will be referred to compulsory arbitration where the amount in controversy exceeds $50,000. Under current law, the amount in controversy may not exceed $50,000 in judicial districts embracing first, second, second class A or third class counties or home rule counties that, but for the adoption of a home rule charter would be one of the aforementioned classes. In all other jurisdictions, current law says the limit is $35,000.

The bill passed the House 191-0 and the Senate 48-1. The bill becomes effective in 60 days.

House Bill 983, sponsored by Rep. Thomas L. Stevenson (R-Allegheny), amends Title 12 (Commerce and Trade) of the PA Consolidated Statutes to provide that recipients of infrastructure grants awarded by the Department of Community & Economic Development now have the option to defer the start date for the distribution of funds until the project is completed. This will be the case if the grant is awarded for more than four years and this deferment will begin after year four of the project.

The bill removes language that would otherwise prohibit a non-government project user from holding a title to the project during the period which the applicant is receiving a grant from DCED.

The bill says that Pennsylvania may require the project user to pay all state and local taxes and fees on time. A local government unit as defined under 53 Pa.C.S. Part VII, Subpart B (relating to indebtedness and borrowing) or an issuing authority can enter into an agreement or adopt an ordinance or resolution to permit the local government unit or issuing authority to pay, waive, abate, settle, compromise or reimburse any local tax, fee or other imposition applicable to a project user imposed by any local government unit or issuing authority.

HB 983 also gives the responsibility of the Film Production Tax Credit program to DCED. The program is currently overseen by the state Department of Revenue. The processes for application and approval from the current program will remain largely intact. The bill allows a person to submit an application for a grant at any time prior up to 60 days after completed production of a film.

Changes relative to infrastructure grants will apply retroactively to July 1, 2004. The creation of the film production grant program becomes effective immediately, and the repeal of the tax credit statute is effective as of June 30, 2006. The bill passed the House 146-41 and the Senate 46-2.

House Bill 2319, sponsored by Rep. Bob Allen (R-Berks/Schuylkill), creates the "Prohibition of Illegal Alien Labor on Assisted Projects Act" and forbids any person from knowingly employing or knowingly permitting the labor services of an illegal alien on any project which is financed, in whole or in part, by grants or loans issued by departments, boards, commissions, and other officers and agencies of the executive branch of the commonwealth.

The bill also provides that as a condition of a grant, the executive agency will require full repayment of the grant, and may direct repayment of a loan, where the person who received the grant or loan by an illegal alien on a project, or where the contractor is so sentenced, and the person that received the grant or loan knew or had reason to know of the contractor's knowing use of labor by an illegal alien on a project.

Finally, HB 2319 provides an affirmative action defense to a violation under the act where the person requires a contractor to certify compliance with the Federal Immigration Reform and Control Act of 1986 with respect to hiring, recruiting or referral for employment of an alien in the U.S. and has notified the appropriate Federal authority if the person knew the contractor used labor by an illegal alien.

The bill passed the House 196-0 and the Senate 49-0. This act will take effect in 60 days.

Senate Bill 1081, sponsored by Sen. Robert D. Robbins (R- Butler/Crawford/Lawrence/Mercer), amends Title 51 (Military Affairs) of the Pennsylvania Consolidated Statutes, providing for eligibility in the Educational Assistance Program (EAP.) EAP provides grants to members of the PA National Guard who have enrolled in post-secondary education programs.

SB 1081 would allow members of the Guard who have been discharged for disability incurred in the line of duty after Sept. 11, 2001 to participate in the EAP, provided that the medical disability was incurred in the line of duty and was not the result of misconduct; the medical condition did not exist prior to entering the Pennsylvania National Guard; and the medical disability was not incurred in basic training, advanced individual training, or other initial training. Additionally, the member must have received an honorable discharge for medical reasons, and must have accepted an obligation to serve in the National Guard that he or she would have fulfilled but for the medical disability. The member must also meet other eligibility criteria for guard members participating in the EAP.

Finally, the member must begin a course of study within two years of the effective date of the bill, and must complete that course of study no more than six years following the date of the medical discharge, if the member was discharged on or after the effective date of the bill. For members who have been discharged for a medical disability after Sept. 11, 2001 but before the effective date of the act, studies must have a completion date of not more than six years following the effective date of the bill. All such deadlines may be extended by the Adjutant General if a members' disability is shown to require more time for the completion of the studies.

The bill passed the Senate 48-0 and the House 183-0. To see the bill's effective date in its entirety, visit http://www.legis.state.pa.us/WU01/LI/BI/BT/2005/0/SB1081P1512.HTM.

The Rendell Administration is committed to creating a first-rate public education system, protecting our most vulnerable citizens and continuing economic investment to support our communities and businesses. To find out more about Governor Rendell's initiatives and to sign up for his weekly newsletter, visit his Web site at: www.governor.state.pa.us.