Senate Approves Bill Banning Texting While Driving

Gaming reform bill also headed to House for consideration

The Senate approved legislation that would make it illegal for motorists to text while driving and a comprehensive gaming reform bill as part of the legislative activities of the session week of July 6, according to Senator Bob Robbins (R-50).

Senate Bill 143 would make texting while driving a secondary offense if a motorist has been cited for another violation and would carry a fine of $100. Pennsylvania would join 10 other states that have prohibited texting while driving for all classes of drivers. Eight more states prohibit texting by novice drivers or certain specialized driving classifications.

About 158 billion mobile text messages were sent in the U.S. last year, according to a New York Times report. An estimated 20 percent of drivers are sending or receiving text messages while behind the wheel, according to a Nationwide Insurance study. According to another poll, that number skyrockets to 66 percent when drivers age 18 to 24 are involved. The practice, especially popular among young people, has resulted in deadly accidents.

"Texting is a dangerous distraction, especially when it involves an inexperienced driver," Senator Robbins said. "Drivers should be concentrating on the road, not trying to use a keyboard. If a message is that important, the driver can pull over and send it without being a hazard to themselves and others on the highway."

The Senate also approved Senate Bill 711, legislation that would make numerous changes to the law regulating casinos in Pennsylvania. It would reestablish the prohibition on political campaign contributions by individuals and entities subject to the Gaming Act, bar outside employment by members of the Pennsylvania Gaming Control Board (PGCB), and extend the ban on felons receiving gaming licenses.

Major provisions in Senate Bill 711 include:

Campaign Contributions: Reestablishing the prohibition on political campaign contributions by individuals and entities subject to the Gaming Act.
Felony Ban Expansion: Expanding the automatic felony ban provisions of the Act to include a lifetime ban on applicants with a felony conviction who seek a principal or key employee license. For all other license or permit applications, the existing automatic 15-year ban remains in place.
Former PGCB Employee Prohibitions: Prohibiting employees of the PGCB, including attorneys, from being employed by any regulated entity for a period of two years after leaving the PGCB.
Public Disclosure: Requiring the PGCB to post on its web site information related to individuals with a controlling interest or ownership interest in any licensed entity and any license applicant.
PGCB Reimbursement Limitations: Limiting reimbursement for PGCB members and employees to actual and reasonable expenses, and requiring receipts to be submitted for any reimbursement over $10.
Facility Relocation: Enhancing provisions related to the relocation of a licensed slot machine facility, including specific evaluation criteria and a requirement that the board hold at least one public input hearing in the municipality where the licensed facility may be located.
Local Law Enforcement Grants: Expanding the authorized use of local law enforcement grants to include all forms of unlawful gambling. The total amount of grants available in this section is reduced from $5 million to $3 million annually, with the $2 million difference going into the Property Tax Relief Fund.

The Senate concurred on House amendments to Senate Bill 33, a measure co-sponsored by Senator Robbins which restricts the ability of counties and municipalities to alter an election district between June 1, 2009 and November 30, 2012, or through resolution of all judicial appeals to the 2012 Congressional Redistricting Plan, whichever is later. The bill now goes to the Governor for his signature and enactment into law.

The Senate approved two House bills during the session week of July 6:

House Bill 92 caps the fee for the transaction costs associated with the Pennsylvania Automated Licensing Service (PALS) at $1.

House Bill 262 requires the Bureau of State Forestry in the state Department of Conservation and Natural Resources to set regulatory standards regarding minimum qualifications for burn managers, the content of burn plans, a certification and revocation process for burn managers, requirements for the review and approval of burn plans, and a training program for prescribed burn managers.

Both bills return to the House for concurrence on Senate amendments.

Four Senate Bills received final approval and were sent to the House for consideration:

Senate Bill 628, co-sponsored by Senator Robbins, would prohibit the imposition of the death penalty on a person with mental retardation. It also establishes a procedure for determining that a defendant is a person with mental retardation.

Senate Bill 851,co-sponsored by Senator Robbins, amends the Volunteer Fire Company and Volunteer Ambulance Service Grant Act to exempt the following organizations from the Right-to Know Law: volunteer ambulance service; a volunteer fire company; a volunteer rescue company; a volunteer water rescue company; a volunteer organization that provides hazardous materials response services; and, a volunteer organization that provides emergency medical services.

Senate Bill 949 would prevent further cases of corruption in county juvenile courts and restore public confidence by establishing an Interbranch Commission on Juvenile Justice. The legislation was drafted in response to a case of corruption in Luzerne County, which resulted in hundreds of juveniles being improperly sentenced and inappropriately placed in detention.

Senate Bill 973 makes changes to the Home Improvement Consumer Protection Act to provide that proof of insurance may include information indicating that the applicant is self-insured. It also allows the Bureau of Consumer Protection to determine the sufficiency of self-insurance and the manner in which it is maintained.

Committee roundup

The Senate Appropriations Committee approved three bills:

Senate Bill 917, sponsored by Senator Robbins, adds a representative of Clerks of Orphans' Courts on the statewide County Records Committee. The County Records Committee is a 15-member panel whose members are appointed for a four-year term by the Governor and are vested with the power to promulgate guidelines for the disposal of defined "county records" in 2nd - 8th class counties.

Senate Bill 925 amends the Massage Therapy Law to allow the State Board of Massage Therapy to approve accredited colleges, universities, private licensed schools or their equivalent to provide training to massage therapists. Currently the Board of Private Licensed Schools approves instructional institutions to train massage therapists. Senate Bill 925 transfers the approval authority to the State Board of Massage Therapy.

House Bill 703 amends the Landscape Architects' Registration Law to remove provisions that allowed an applicant with 10 years of experience and who is a graduate of an approved institution to bypass the written examination requirement. It also increases the continuing education requirement from 10 to 24 hours in each two-year license period.

Contact:

Michael Hengst
(717) 787-1322