The Fall 1998 Bard Bulletin
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NEWS FROM
FALL OF 1998
A word from Representative Bard
As the Legislature prepares to wrap up its 1997-98 session this fall, we can be proud of the many accomplishments achieved, including sweeping changes made in the area of managed health care. Our agenda has been, and continues to be, one of improving life for all Pennsylvanians.
I am especially pleased that six pieces of legislation I introduced have been signed into law already this session, and I will continue to work diligently during the remaining session days on final passage of my legislation reforming the local tax collection system (House Bill 1487 and House Bill 2200).
With enactment of my "date rape drug" bill, Pennsylvania now has a new offense of "unauthorized administration of an intoxicant," a third-degree felony crime that can carry a penalty of up to 10 years’ imprisonment. Also enacted into law were my public records legislation and a bill amending the County Code regarding contract procedures and appointment of assistant district attorneys.
This online version of my quarterly newsletter includes our spring survey results, trail network update, Senior Expo information, and special photo pages – which I hope you will find informative. As always, please feel free to contact my office for assistance with any state-related matter.
Sincerely,
Ellen Bard
Bard Legislative Credits Continue To Mount (Click for photo )
Effective this year, rapists who administer an intoxicant to an unsuspecting victim for the purpose of committing sexual assault will face up to an additional 10 years’ imprisonment and a $100,000 fine. I worked hard for passage of this important measure and am pleased that Pennsylvania is now among those states that have criminalized the use of date rape drugs such as Rohypnol and similar intoxicants. The new offense of "unauthorized administration of an intoxicant," a third-degree felony, also carries a fine up to $15,000 and 7 years’ incarceration.
A package of county and local public record legislation (House Bills 1111, 1113, 1114, and 1116) that I sponsored as the ranking House member of the Local Government Commission also became law this year. The state’s statutes in these areas had not been updated for 20 to 30 years, and were long overdue for important changes that allow local governments to use the latest record management techniques available without requiring continual changes to the law. I worked closely on this package with the Pennsylvania Historical and Museum Commission. House Bill 1108, now Act 72 of 1998, allows district attorneys to appoint temporary and non-temporary special and deputy assistants.
Bard Speaks At State Convention (Click for photo )
Rep. Bard joined other high-ranking state officials in addressing the Pennsylvania State Association of Township Commissioners as featured guests at the group’s 73rd Annual Convention held this summer.
Electric Consumer Choice Program (Click for photo )
As of July 1, more than 3.4 million consumers statewide could choose their electric supplier. To assist Abington/Rockledge area residents understand this important new program, I co-hosted a town meeting on June 11 along with area Chambers of Commerce and PUC Commissioner Nora Brownell. Brownell answered important questions such as: How can I sign up? and What should I consider when selecting an energy company?
Consumer choice began in Pennsylvania after the Pennsylvania Utility Commission’s Electric Competition Law went into effect. The goal is to have customer choice available statewide by 2001. Brownell urges consumers to take advantage of this worthwhile program.
For more information on customer choice, call the PUC at 1-888-782-3228.
Windfall For Homeowners Who Sell
Homeowners planning to sell their homes will greatly benefit from a $30 million tax cut included in this year’s state budget. The plan, which mirrors IRS regulations, calls for the exemption of the 2.8 % personal income tax on the gain (profit) realized from the sale of a primary residence. For example, if the net gain is $50,000, the seller will no longer owe $1,400 tax to the state.
This is good news for everyone, especially those planning to move into a smaller home or relocating to another part of the state. To qualify, your residence must have been used as your principal residence for two years or more during the five year period ending on the date of the sale of your home. The tax break is effective for sales on or after January 1, 1998.
Bard Supports ‘Quality of Life’ Crime Bill Package
This spring the House approved 25 bills specifically designed to attack nuisance crimes and to help maintain neighborhoods and safe communities.
The "Quality of Life" crime package represents an ambitious bipartisan effort to provide police, prosecutors and judges with the tools needed to tackle nuisance-plagued communities statewide. The package, which incorporates the successful crime-fighting strategies used in major cities across the nation, attacks those crimes that erode the quality of life and often serve as the foothold for more serious criminal activity. Offenses targeted include public drunkenness, trash scattering, prostitution, vandalism, graffiti, and abandoned cars to name a few.
My tough anti-graffiti legislation of 1996 and my "date rape drug" law effective this year, align very well with the goal of this latest initiative by the House of Representatives.
Managed Care (HMO) Reform
On June 9, I and my colleagues in the General Assembly approved legislation that provides important changes in the way managed care providers conduct business in Pennsylvania. The precedent-setting measure, signed into law by the Governor on June 17, greatly expands protection for the five million Pennsylvanians currently enrolled in HMOs (health maintenance organizations) and similar managed care plans. Key provisions of the Health Care Accountability and Protection Act include:
This is the strongest pro-consumer health care legislation ever passed by the Pennsylvania General Assembly. I am proud to have participated in the passage of this important new state law.
Trails Project Grants Total $635,000 (Click for photo )
As a member of the House Tourism and Recreational Development Committee, I am happy to have strongly supported an Abington Township $114,000 grant awarded through the state Department of Conservation and Natural Resources’ Keystone Community Grant Program.
The money will be used for the planning and construction of the Phase I Demonstration section of the Abington Trails Network. The demonstration section will start at Noble Station and continue to Easton Road. It is anticipated that this section will later be expanded to connect Manor Junior College in Fox Chase and Susquehanna Woods in Roslyn.
Nationwide, trails have been shown to increase property values and recreational opportunities while preserving open space and improving the community’s economic development potential.
To date, a total of $184,070 has been secured in state grant funds and $450,000 in federal grants through Congressman Jon Fox. Many thanks also to the many private and business organizations that have raised money for the project, including Glenside Rotary, Edgehill Rotary, Highland and Overlook Elementary schools, Earthright, CAPT (Citizens and Police Together), the Abington Trails Advisory Committee, and General Instrument Corp.
Abington Township is now well situated to move forward with implementation of the Phase I Trail Network, which is part of the overall Abington Township Comprehensive Plan.
Here is a sampling of some recent mail:
"I wanted to thank you so much for your
contribution to our Anti-Drug Awards Assembly. … You did a great job."
Cindy Santee
Abington Jr. High School
"I am writing this letter to compliment Peggy
Myers and your staff for their hard work on getting the Veterans WWII Bronze Flag Marker
and Flag for my Dad’s grave. My children and I placed the Flag and Marker on my
Dad’s grave on Memorial Day."
Greg Murphy
Abington Police Officer
"Thanks for bringing your ‘good spirit’ to our [Special Athletes] program – it adds a lot."
Bob Barton
Penn State Abington
"On behalf of our entire organization, I want
to thank you for your continuing support of GYAC. We feel extremely fortunate in having
you as our state representative."
Albert L. Herrmann
Glenside Youth Athletic Club
Spring Survey Results
I would like to thank those of you able to take the time to respond to our Spring Survey. Survey results assist me in staying on top of issues of concern to you, and also provide valuable direction for upcoming legislation. The feedback I received on the Abington trails network is particularly helpful. Survey results showed:
Taxes - 63 percent agreed that state business taxes should be further reduced to spur economic and job growth. Forty percent favor increased taxes to help fund the 485 local public libraries located statewide;
Education - 50 percent agree the state should spend more money on urban (inner-city) public schools that are failing; 50 percent believe that the state already spends enough on public education; 85 percent support teacher re-certification every five years; and 96 percent favor academic standards;
Consumer/Safety - 85 percent favor consumer choice in natural gas suppliers (comparable to electric choice); 93 percent support greater consumer protection within managed health care (HMOs); and 84 percent favor a mandatory "novice driver" graduated licensing system;
Families - 93 percent support unannounced inspections of state-licensed day-care facilities; 69 percent would like to see a statewide children’s day care resource and referral system with information on costs and services; and 81 percent favor a similar (online) system for nursing homes;
Trail Network - with regard to Abington Township’s proposed 25-mile trail network project, over three-fourths, 76 percent, favored the idea. Over half, 54 percent, would like to see a macadam surface with permitted uses to include walking, non-motorized vehicles, roller blades, wheel chairs and baby strollers. Seventeen percent preferred a wood chip surface suitable for walking, and 29 percent favored crushed limestone or packed gravel suitable for walking and biking. With regard to trail construction costs, 67 percent favor the use of grant money and money from private sources.
Pennsylvania Tourism Business Growing (Click for photo )
I am pleased to be a member of the House Tourism and Recreational Development Committee, which oversees our state’s second largest industry.
Tourism’s role in the state’s economy is now outpaced only by agriculture.
In 1996, domestic and international travelers spent an estimated $13 billion in Pennsylvania, a 7 percent increase over 1995. The travel and tourism business employs about 194,200 individuals, accounting for 3.7 percent of the state’s total non-agricultural employment.
To ensure this trend continues, this year’s budget provides $3.2 million to promote attractions and events that highlight Pennsylvania’s rich history, natural heritage and metropolitan areas.
Annually, committee members meet with industry leaders to discuss ways to continue promoting Pennsylvania and its many attractive natural and man-made sites. The committee will continue working to ensure tourism remains a top contributor to the state’s economy.
Voters To Decide ‘Jury Trial’ Question
This fall, voters will once again be asked to vote on an important state constitutional amendment. The question this time will be whether criminal trial prosecutors, who represent the interests of the community and the victim, should have the same right to a jury trial as defendants.
Under the current system, the defense has the option to waive a jury trial and sometimes does so when it is believed that a judge will be more lenient. This tips the scales of justice in favor of the defendant by providing the defense with a legal tactic to avoid sentences deemed fair and just by a panel of peers.
This proposal would restore balance to the criminal justice process by giving the state the right to request a jury trial – a right now enjoyed by the defense only. No longer would the criminal defendant alone determine whether his case should be heard by a jury of his peers.
Voters will decide this issue in the November 3 General Election. If voters adopt the measure, Pennsylvania would join 24 states and the District of Columbia in allowing prosecutors the same right to a jury trial as defendants. The amendment has the support of Governor Ridge, Attorney General Mike Fisher, the American Bar Association and the Pennsylvania District Attorneys Association.