Senate Approves Bill Ending Benefits for Illegal Aliens

Also ok's strengthening reporting requirement of personal data breaches

As part of its activities during the session week of March 30, the Senate approved legislation barring illegal aliens living in Pennsylvania from receiving public benefits and a bill requiring state agencies to notify the public within one week of data breaches involving personal information, according to Senator Bob Robbins (R-50).

The bills approved by the Senate included:

Senate Bill 9, co-sponsored by Senator Robbins, requires anyone receiving public benefits, such as Medicaid, welfare assistance, and in-state college tuition, in the Commonwealth to provide identification proving they are legal residents. In addition, individuals would be required to sign an affidavit stating they are a United States citizen, or an alien lawfully residing in this country.

The Federation for American Immigration Reform (FAIR) estimates the annual costs of illegal immigration amount to about $36 billion nationwide. In Pennsylvania, which has more than 100,000 illegal aliens, the current estimated cost is $285 million. That cost, if unchecked, is expected to grow to $812 million by the year 2020.

Senate Bill 155, co-sponsored by Senator Robbins, was drafted in the aftermath of three separate thefts of state-owned computers containing personal information in the last half of 2007.

In the first two thefts, computers containing the personal information of about 375,000 individuals were stolen from Department of Public Welfare offices in Harrisburg and Philadelphia. In the third incident, a laptop computer issued to a Department of Aging employee was stolen from a private residence. That computer contained the personal information of more than 20,000 individuals. Current law requires public notification of such incidents "without unreasonable delay." Senate Bill 155 places a specific one-week notification requirement for breaches involving state agencies.

Senate Bill 206 prohibits any school official from denying any member of the military entry to school facilities because he or she is wearing a military uniform. Military members would still be expected to comply with a school's visitor policy, but they could not be denied access because of their uniforms. The legislation stemmed from several incidents in which military members visiting friends and former teachers were denied access to school grounds due to their military uniforms.

Senate Bill 299, cosponsored by Senator Robbins, would make it illegal to go phishing in Pennsylvania. Phishing is a crime in which people use e-mail to falsely claim to be an established enterprise in an effort to lure people to a Web site to collect personal data, such as Social Security, bank account or credit card numbers, or passwords. Often the Web site that people are lured to resembles established Internet enterprises, such as eBay, PayPal, or other online banking institutions. The legislation would make it a felony offense to phish personal information and would carry a fine of $100,000 for each violation, along with the ability to collect damages up to three times the actual amount, if the court so rules, as well as attorney fees.

Senate Bill 442 amends the Insurance Company Law of 1921 to create a Mini-COBRA Small Employer Group Health Plan. The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) provides former employees, retirees, spouses, former spouses, and dependent children the right to continuation of health coverage at group rates for up to 18 months. However, COBRA benefits only apply to employers with 20 or more employees. SB 442 would extend the COBRA guidelines in Pennsylvania to group plans that employ 2 - 19 employees.

Committee Round-up

The Senate Consumer Protection and Professional Licensure Committee approved several bills at its Tuesday meeting including:

Senate Bill 149 would establish the Pennsylvania Board of Home Inspectors within the Bureau of Professional and Occupational Affairs and license home inspectors. The board would consist of the Commissioner who serves ex officio, seven appointed members: two public members, five professional members who have completed 100 fee-paid home inspections over the preceding five years, and the Attorney General.

Senate Bill 24, co-sponsored by Senator Robbins, permits real estate salespersons and associate brokers to form a new business entity called a qualified association. It also amends the conditions under which real estate brokers may release escrow funds.

Senate Bill 304, co-sponsored by Senator Robbins, amends the Telemarketer Registration Act to extend the time for a listing on a "do not call list" from the minimum of five years from the date of enrollment to being maintained on a permanent listing, or until the subscriber requests to have his telephone number removed from the list.

Senate Bill 464 provides for use of volunteer time served in a community-based health care clinic by health care professionals to meet the mandatory continuing education requirements for health care professionals. A health care professional would be defined as a physician, dentist, dental hygienist, nurse, certified registered nurse practitioner or physician assistant licensed, certified or registered with any of the licensure boards, within the Bureau of Professional and Occupational Affairs, Department of State. A community–based health care clinic would be any nonprofit health care center located in this Commonwealth that provides health care services to low-income and uninsured individuals.

The Senate Finance Committee approved legislation at its Wednesday meeting increasing prize limits for small games of chance and another bill that would make several changes to Pennsylvania's Bingo Law.

Senate Bill 211 raises the prize limit for any one game from $500 to $1,000. The legislation also replaces the $5,000 weekly prize limit with a $20,000 weekly cash value prize limit. Payouts of less than $26 would not count toward the weekly prize limit. SB 211 is similar to Senate Bill 845, introduced by Senator Browne during the 2007-08 Legislative Session.

Senate Bill 212 would make several changes to Pennsylvania's Bingo Law. The legislation changes the licensing of bingo associations. SB 212 also provides that no more than $8,000 (currently $4,000) can be awarded in any one day and would allow more than one licensed association to lease the same premises for the conducting of bingo. This authorizes multiple associations to lease the same premises for conducting bingo; however, each association shall have its own license.

Contact:

Michael Hengst
(717) 787-1322