The New Year Brings New State Laws in PA

State Representative Duane Milne (R-PA 167) says the Pennsylvania State Legislature saw just 148 bills passed and signed into law during 2011.  That's nothing compared to the 3,418 bills that Milne says were introduced in the first year of the current legislature's two year term.

Milne has posted a list of the new state laws that go into affect on, or near, January 1, 2012. Click here to see the details on Milne's website.

Here is the list of new state laws as issued by Milne's office:

No Texting While Driving

Among the most significant new laws is the ban on texting while driving.  Senate Bill 314, which will go into effect early March, prohibits sending, reading or writing messages on interactive wireless communication devices (cell phones, PDAs, etc.) while driving.  Doing so is classified as a primary offense, meaning that an officer can directly make a traffic stop of an individual who is texting while driving; i.e., unlike a secondary offense, such as the seat belt law, whereby an officer can act only after an individual has been stopped for another offense or been involved in an accident.  The fine is $50.

Teen Drivers’ Law

Effective Dec. 27, 2011, drivers younger than 18 are not permitted to transport more than one passenger who is under 18 (except for family members) unless they are accompanied by a parent or legal guardian.  After six months, the junior driver may transport up to three passengers younger than 18 who are not immediate family members, but only if that driver has not been convicted of a driving violation or has not been partially or fully responsible for a reportable crash. 

The law also requires that junior drivers and passengers under the age of 18 wear seat belts.  Failure to do so is now a primary offense, meaning a driver can be stopped and cited solely for that violation.  The new law adds 15 hours of supervised, behind-the-wheel training for driver’s license permit holders younger than 18, bringing the total to 65 hours.  More information on the changes for teen drivers can be found at www.dmv.state.pa.us.  

Castle Doctrine

House Bill 40, better known as the “Castle Doctrine,” was passed and signed into law after several years of attempts.  The purpose is to amend Pennsylvania’s laws regarding when and how potentially lethal force can be used to protect one’s home.  Essentially, House Bill 40 eliminates the individual’s duty to retreat before using lethal force if threatened outside his residence or occupied vehicle.  I supported this bill because I believe that citizens have a right to defend themselves, their families, and their homes.  The Castle Doctrine went into effect the end of August 2011.

Safety in Youth Sports Act

Last November, Gov. Tom Corbett signed into law Senate Bill 200, which establishes standards for managing concussions and other brain injuries. It requires student athletes who may have suffered a head injury to be removed from the activity and not allow them to return to play until they have been medically cleared. In addition, it requires coaches to be trained annually and establishes penalties for those who don’t comply.  The law also requires the departments of Health and Education to post guidelines and other relevant materials online to inform and educate students participating in any athletic activity, their parents and their coaches about the nature and risk of concussion and traumatic brain injury. The law takes effect July 1, 2012.

Fair Share Act

A major victory in the battle for tort reform, the “Fair Share” Act brings proportional fault to Pennsylvania, dramatically changing how liability is assessed in civil cases.   Prior to enactment of the Fair Share Act, Pennsylvania law allowed a plaintiff in a negligence case involving multiple defendants to recover 100 percent of its damages from a single defendant, no matter that defendant’s proportional liability. In other words, a defendant found to be 10 percent liable for causing plaintiff’s harm nonetheless could be 100 percent responsible for plaintiff's damages. The single defendant, then, bore responsibility for seeking contribution from the other defendants in proportion to their liability.

Now, though, Pennsylvania joins approximately 40 other states in recognizing some form of proportional fault.  The Fair Share Act provides that, with a few exceptions, defendants in a negligence case are responsible only for their proportionate share of liability (i.e. if a defendant is found to be 10 percent at fault, he or she is liable for only 10 percent of the damages).  The law went into effect June 28, 2011, so it would be applicable for any suit filed on or after that date. 

Long-Term Care Nursing Facility Independent Informal Dispute Resolution Act

House Bill 1052 establishes an independent informal dispute resolution process for long-term care nursing facilities to dispute Department of Health survey findings.  The intent of the review process is to ensure compliance with federal and state regulations while also allowing nursing homes the opportunity to dispute any allegations of noncompliance that may arise during the survey process before they are entered into the federal data systems without the need for litigation.  The bill was signed into law Dec. 22, 2011 and goes into effect the end of April 2012.

New Sex Offender Registration Law

House Bill 1958 closed what were loopholes in Megan’s Law regarding out-of-state sex offenders who move to and establish residence in Pennsylvania.  Homeless offenders must register monthly. The bill also creates and sets penalties for the offense of Institutional Sexual Assault in a school setting and in a child-care setting.  The latter amendment was included as a direct result of legislative hearings held in response to the sexual abuse allegations at Penn State University.  For more information about the various tiers of offenses and corresponding registration requirements, go to www.legis.state.pa.us and enter Senate Bill 1183 in bill search.

Public Access to Birth/Death Certificates

Senate Bill 361 would allow that, when 105 years has elapsed after the date of birth or 50 years after the date of death, these birth/death records become public records and the records are to be maintained by the State Archives to ensure proper safekeeping. Currently, as of 1906, the Division of Vital Records maintains records of births and deaths that have occurred in the state; these records are not open to the public. Vital Records issues certified copies of birth/death certificates to certain eligible individuals (particularly, family members).  This law will assist those involved in research and genealogy.   

Gas Pipeline Regulations

I was pleased to support the new law governing pipelines transporting gas from the Marcellus Shale regions of the state. House Bill 344 creates the Gas and Hazardous Liquids Pipelines Act to provide the PA Public Utility Commission with the supervision and regulation of the pipeline operators within this Commonwealth consistent with federal pipeline safety laws.

Electronic Auctions/Abolish Office of Jury Commissioner

House Bill 1644 amends the County Code to allow the sale of personal property through electronic auctions and permits the county commissioners to abolish the office of jury commissioner.

Increase Non-Bid Contract Minimums

A series of bills was enacted that would increase the dollar amount requiring full advertising and bidding of contracts for municipal and county projects from $10,000 to $18,500 and provides for annual indexing and adjustment for inflation.

Limited Distillery License