PA HOUSE DEMOCRATIC LEGISLATIVE REVIEW - October 5, 2012

A state legislative update from the PA House Democratic Caucus THE LATEST... Petrarca amendment requires gas quality testing if consumers complain The Pennsylvania House of Representatives has passed a bill that would permit the Agriculture Department to set up a program to randomly test the octane level and gasoline quality at fuel dispensers throughout the state. Rep. Joseph Petrarca, Democratic chairman of the House Agriculture and Rural Affairs Committee, said that currently, the Agriculture Department is required to inspect gas pumps to make sure they are pumping out the correct volume, but testing them for the proper octane level is not required. This bill would give the department the authority to also test the octane level. "I am happy this bill is moving forward," Petrarca said. "It could have been much stronger, and I attempted to make octane level testing required, but this bill is a step in the right direction for consumers." The bill would permit the department to set up an Automotive Fuel Testing and Disclosure Program. Under the program, the department could take samples of fuel, as well as make random inspections and tests. When a sample does not meet standards or match its label, it could force the retailer or distributor to take corrective action, stop sales or seize the fuel. An initial violation would be a civil penalty of up to $5,000. Further violations could be addressed in criminal court. Petrarca attempted to amend the bill to make the testing program a requirement, rather than an option, but his amendment was defeated largely along party lines. His second amendment, which would require the department to perform octane testing based on consumer complaints, was adopted unanimously. Briggs forces House action on request for feds to probe Corbett's handling of Sandusky investigation; House Republicans flee chamber House Speaker Sam Smith on Wednesday blocked without reason a motion by state Rep. Tim Briggs, D-Montgomery, to force the House to act on a resolution (H.R. 520) that would urge the U.S. Attorney General to investigate the state's handling of the Jerry Sandusky investigation. Smith failed to recognize Briggs after he made the parliamentary request then gaveled the House in recess to a date and time uncertain. Republican members then left the House chamber without word. Briggs was acting on House Discharge Resolution 4, which was initiated by Rep. Brandon Neuman, D-Washington, on June 25 because the resolution to investigate the handling of Sandusky's case had been sitting in the House Rules Committee since December 2011. Under House rules, 25 members must sign a discharge petition, and one of the 25 signers must call it up for a vote, before the House can act. Briggs was one of the 25 lawmakers who signed the discharge petition. "There are valid, still unanswered questions about the way in which then-Attorney General Tom Corbett conducted the investigation that led to the conviction of child rapist Jerry Sandusky," Briggs said. "I called up this discharge petition to force action on the issue because Governor Corbett continues to use recrimination of his own to dodge and disparage those who question why it took three years to bring charges against a man he and his investigators knew in the early stages to be a child predator. The best and most responsible way to find out what really happened is to have an independent body investigate. I am extremely disappointed that Speaker Smith would completely disregard a valid motion by a member of the House because, I unfortunately am left to assume, he's trying to keep an independent body from investigating the matter," he said. Dermody welcomes court decision to delay voter ID requirement House Democratic Leader Frank Dermody called this week’s injunction to suspend mandatory voter ID for the upcoming election a victory for voting rights. “The court order ensures that no citizen will be deprived of the constitutional right to vote as a result of the voter suppression law pushed through by Governor Corbett and Republican legislators,” Dermody said, “at least not this year.” House passes Santoni bill to allow brewery sales at farm markets State Rep. Dante Santoni, D-Berks, said legislation passed by the state House this week, H.B. 2429, would allow craft breweries to get permits to sell products at farmers' markets and at craft beer and food expositions. "The craft brewing industry has grown at an astonishing rate over the last few years," Santoni said. Democratic chairman of the House Liquor Control Committee, Santoni added, "My legislation will allow these small businesses to participate more fully in the niche markets that exist for their products." Goodman wants tougher animal cruelty laws In the wake of three cases in Schuylkill County where authorities say dogs, cats, horses and goats were abused or neglected, state Rep. Neal P. Goodman is introducing legislation that would increase penalties for cruelty to animals. "Many of our constituents are shocked and outraged by these incidents, and so are we," said Goodman, D-Schuylkill. "It’s time to make the punishment fit the crime when it comes to animal cruelty." Under the legislation Goodman will introduce, animal cruelty and neglect cases would be a third-degree misdemeanor punishable with a fine of at least $750 per violation, up to a year in jail, or both. A second or subsequent offense involving any animal would be a second-degree misdemeanor. New charter/cyber school reform bill would save money sooner State Rep. James Roebuck, D-Phila., Democratic chairman of the House Education Committee, this week unveiled his charter and cyber charter school reform bill, which would save money for taxpayers and school districts sooner than other charter reform legislation. "If we are overfunding some charter and cyber charter schools, as appears to be the case, that money needs to be returned to the school districts this school year, not held until 2013-14 or later," Roebuck said at a news conference at the Math Science Academy at Benjamin Franklin School. “In the last two years, public schools have taken nearly a $1 billion cut in state funding, followed by a second state budget that locked in those cuts. The latest survey of school districts found that because of these state funding cuts to public education, an estimated 20,000 jobs have been eliminated or left vacant -- along with reductions in early childhood education programs, tutoring assistance and summer school and increased class sizes that have resulted in lower student achievement scores for the first time in several years. These state funding cuts have also forced many districts to raise property taxes.” Rep. Ron Buxton, D-Dauphin, said: "Traditional public schools in Pennsylvania aren't allowed to have surpluses beyond specified limits, ranging from 8 to 12 percent. Under this bill, publicly funded charter and cyber charter schools would finally operate under those same surplus limits. And they would have to refund the excess tax dollars back to the school districts. It's just common sense. In Harrisburg -- and across Pennsylvania -- our schools, our students and our taxpayers need this to be in effect for this school year." Roebuck's bipartisan bill (H.B. 2661) would: Limit unassigned fund balances for charter and cyber charter schools, consistent with the limits already in effect for traditional public schools; remove the "double dip" for pension costs by charter and cyber charter schools; limit the amount of special education funding that a charter or cyber charter school receives per student to the school district's total per-pupil spending for special education services; require year-end audits by the state Department of Education to determine the actual costs of education services of charter and cyber charter schools, followed by an annual year-end final reconciliation process of tuition payments from school districts against those actual costs; and increase transparency for contractors that provide management, educational or administrative services to charter and cyber charter schools by requiring disclosure of a financial relationship with for-profit providers. Video of Roebuck speaking at this week’s news conference is available at http://youtu.be/ndZ09ItaQPs. House adopts Wheatley amendment to prevent false claims of veteran status State Rep. Jake Wheatley, D-Allegheny, welcomed this week’s House adoption of his amendment that would deter and penalize those who falsely claim veteran status to give their businesses an advantage in state contracting. "Veterans dedicate years of their lives to the service of our country, often putting their lives at risk to protect the freedom we all enjoy. One thing we can do is to make sure that only those who have earned veteran-owned or service-disabled business status actually receive it," said Wheatley, who is a recognized U.S. Marine combat veteran of Operation Desert Storm. Wheatley's amendment would direct the state Department of General Services to establish policy and promulgate regulations establishing anti-fraud provisions for veteran-owned and service-disabled business status. Josephs introduces bill to prohibit electronic-only rental payments State Rep. Babette Josephs, D-Phila., has introduced legislation which would prohibit landlords from requiring that rental payments be made only in an electronic form. "It’s been a very trying time for a number of people in my district," Josephs said. "In particular, the elderly have come forward and expressed their dismay over changes to rental agreements forcing them to pay online. These are long-time tenants who do not own computers, have Internet access or possess computer literacy, and they are being forced into a situation with which they are not comfortable or risk eviction. There needs to be a better solution." Currently, the law contains no language providing for what is considered to be or not be an acceptable form of rent payment. This bill would require landlords to accept at least one form of payment that is neither cash nor an electronic funds transfer. Judiciary Committee sends Caltagirone measure to full House for vote House Judiciary Committee Democratic Chairman Thomas Caltagirone, D-Berks, said the committee approved his measure to study the field of administrative law, the body of law which governs the activities of administrative agencies of government, in Pennsylvania. Caltagirone's resolution, H.R. 247, would direct the Joint State Government Commission to conduct a study of the practices and procedures surrounding administrative law judges throughout the commonwealth. "Namely, what we're looking to do is to find out if this will save the commonwealth money," Caltagirone said. "Several state agencies already utilize judges in this position, but others do not. There's a gray area that hopefully can be turned around to black and white."

Oct. 5, 2012 IN THE NEWS Cash-strapped states weigh tax policy on drilling; PA lags Rep. Kirkland calls on Corbett to revamp voter ID ads following court ruling Rep. Mullery looks into noise problem at construction equipment company Democrats support call for federal review of Sandusky child sex abuse investigation Resolution on Sandusky inquiry brings state House to a halt PA Democratic lawmakers hail voter ID court decision but say there's more work to do PA House approves SB 341 PA House Democrats want investigation of Corbett handling of Sandusky case After ruling, PA scrambles to pull voter ID ads Voter ID ruling assessed from party perspective Rep. Roebuck introduces charter and cyber school funding reform bill Partisan reaction to PA voter ID ruling Judge blocks parts of PA voter ID law Democratic lawmakers pleased with delay of PA voter ID law Commonwealth Court ruling delays PA voter ID law until next year Lack of funding holds up start of new school scholarship program Vietnam War soldier honored with marker in Harrisburg Property tax elimination bill falls short Taxes for renters, others will rise of property taxes eliminated General Assembly finds stable funding for state police cadet training Survey shows huge education cuts in PA GOP property tax elimination bill doesn't add up Nonprofits shrug off legislative review of their groups ------------- Follow the House Democratic Caucus on Social Media:

PA House of Representatives Democratic Caucus PO Box 202250 Harrisburg, PA 17120-2250