PA HOUSE DEMOCRATIC LEGISLATIVE REVIEW - February 8, 2013

A state legislative update from the PA House Democratic Caucus THE LATEST... WATCH: House Democratic leaders react to governor’s budget proposal Allegheny County leaders say PA budget another disappointment State Rep. Dom Costa, D-Allegheny, said Gov. Tom Corbett's 2013-14 budget proposal is another disappointment for the people of Pennsylvania. Costa, chairman of the Allegheny County Delegation, said he is particularly frustrated with the approach to education, transportation and health care funding. "This budget locks in $1 billion in previous cuts to education putting our kids at a disadvantage. To say he's investing in education when he's not even restoring funds to basic education he cut two years in a row is a sham, and just plain wrong," Costa explained. READ MORE HERE. Corbett budget is revival of failed policies State Rep. Cherelle L. Parker, D-Phila., said the 2013-14 budget proposal submitted by Gov. Tom Corbett to a joint session of the General Assembly this week appears to be a continuation of failed policies for the state. Parker, who is chairwoman of the Philadelphia County Delegation and a member of the House Appropriations Committee, said like the previous two years, Corbett is introducing a budget that puts the interests of wealthy corporations ahead of the needs of public education, people's health and taxpayers. "Like every year, the governor's proposal is only the beginning of the months-long process of finalizing the state budget," Parker said. "Unfortunately, we're not off to a good start for Philadelphia or Pennsylvania. This budget does not look to the most reliable revenue to fund the items he is proposing, nor does it recognize the needs of our residents or the opportunities available to our state." READ MORE HERE. House OKs bill to extend kids' health coverage program. State Rep. Tony DeLuca, D-Allegheny, said the House of Representatives passed legislation that would extend Pennsylvania's Children's Health Insurance Program an additional two years. DeLuca, Democratic chairman of the House Insurance Committee, said the legislation (H.B. 108) would extend the expiration date for the program to Dec. 31, 2015. The program provides health insurance coverage to nearly 200,000 Pennsylvania children at little or no cost. "The extension of the CHIP program is imperative to the well-being of children throughout the commonwealth," DeLuca said. "It ensures that hundreds of thousands of children continue to have access to the quality care they need without their families having to worry about being able to afford it." READ MORE HERE. Corbett refuses federal funds but 5 other GOP govs expand Medicaid House Democratic Caucus Chairman Dan Frankel, D-Allegheny, issued this statement in response to this week’s announcement by Gov. Tom Corbett that he will refuse the federally funded Medicaid expansion under the Affordable Care Act: "Governor Corbett chose to pander to the far right and willfully inflict damage on Pennsylvania's economy -- he has undermined any promises he makes about jobs. Accepting federal funds for expansion would be a great economic driver in Pennsylvania by allowing for the creation of potentially thousands of quality, good-paying jobs in the health care sector. "The Republican governors of Arizona, Nevada, New Mexico, North Dakota and now neighboring Ohio have agreed to accept federal funds to improve health care in their states because they know it's vital for their states' economies, it's vital for keeping hospitals open and it's the right thing to do.” READ MORE HERE. Republicans reject Mundy’s bid to close corporate tax loopholes State Rep. Phyllis Mundy's bid to close the Delaware and other corporate tax loopholes that cost Pennsylvania taxpayers hundreds of millions of dollars every year was voted down on a strict party-line vote Monday. "The state has made deep budget cuts in recent years, and that’s resulted in higher local property taxes, along with educational and human services programs that have been diminished or eliminated," Mundy said. "We're leaving a lot of money on the table by failing to close the Delaware and other loopholes. At the same time, we're failing to address an issue of tax fairness for businesses that can't use loopholes and tax fairness for working, middle-class families and senior citizens." As a result of these loopholes, Mundy said seven in 10 corporations in Pennsylvania do not pay any state income tax. READ MORE HERE. House Liquor Control Committee approves direct wine shipment legislation In his first voting meeting as Democratic chairman of the House Liquor Control Committee, state Rep. Paul Costa announced the committee approved legislation that would authorize the direct shipment of wine to Pennsylvania consumers. “The direct shipment of wine is a step toward modernization of our state system. If a store doesn’t carry a specific wine a consumer wants to purchase, it offers them a win-win scenario where the consumer, the winery and the commonwealth benefit from the transaction,” Costa said. House Bill 121 would allow both in-state and out-of-state wineries to ship their products directly to Pennsylvania consumers, as long as the wineries obtain a limited winery license and direct shipper license through the Pennsylvania Liquor Control Board. READ MORE HERE. Dermody and Hanna comment on Moulton appointment Top House Democrats are praising Attorney General Kathleen Kane for her selection of H. Geoffrey Moulton Jr. as a special deputy attorney general to lead the review of the office's handling of the Jerry Sandusky investigation. "The new attorney general is doing exactly what she promised to do," said Democratic Leader Frank Dermody, D-Allegheny. "The only agenda is to find the truth and determine whether the original investigation was conducted in the best possible way." Democratic Whip Mike Hanna, D-Clinton/Centre, said: "Mr. Moulton has an excellent reputation. His combined background as a federal prosecutor and a university educator in Pennsylvania is especially apt for the review he will conduct. This is a very encouraging appointment." READ MORE HERE. Goodman betting on support for legal sports pools State Rep. Neal P. Goodman will introduce legislation to legalize small betting pools, such as pools that are popular during the NCAA basketball tournament and Super Bowl. "These types of pools are harmless, light-hearted fun," said Goodman, D-Schuylkill. "It's ridiculous that someone could be jailed or fined for throwing a couple bucks into a block pool." Under the proposal from Goodman, betting pools would be legal if the entry is $20 or less; there are 100 or fewer participants; there is an established social, professional or familial relationship between contestants; and all proceeds are awarded to participants or donated to a charitable organization. READ MORE HERE. Dermody seeks quick action to protect money for PA abuse victims House Democratic Leader Frank Dermody is asking Republican leaders to move quickly on a bill passed by the state Senate to make sure that a record-breaking fine being paid by Penn State University stays in Pennsylvania to provide medical and counseling services to victims of child sexual abuse and fund prevention efforts. The National Collegiate Athletic Association imposed a $60 million fine on Penn State for actions that enabled former coach Jerry Sandusky to abuse numerous boys, sometimes in university facilities, but the NCAA named a national task force to set guidelines for using the money across all 50 states. Only after Dermody wrote to NCAA president Mark Emmert in August seeking to keep the entire fine in Pennsylvania did the NCAA pledge that one-fourth of the money would be used here. "This endowment, created in the wake of a Pennsylvania tragedy, is funded by Pennsylvania money. There is no question that every single dollar should be used to fund Pennsylvania-based child sexual abuse programs," Dermody said. "The NCAA's actions to date fall short of the expectations of Pennsylvania's child advocates, fall short of the need, and fall short of fairness. With no sign that the NCAA is rethinking its decision, it's time for our state to assert its authority.” READ MORE HERE. House Democratic Policy Committee looks at Pa.’s voter ID law and early voting State lawmakers on the House Democratic Policy Committee heard from Philadelphia elections officials, voting rights supporters and advocates for Pennsylvanians with disabilities at a public hearing Jan. 31 regarding the state’s voter ID law and early voting proposals. State Rep. Vanessa Lowery Brown, D-Phila., requested the hearing and served as chairwoman. The hearing focused on how voter ID efforts went during November’s election, as well as the prospect of having early voting in Pennsylvania. The Pennsylvania Department of State declined an invitation to testify at the hearing. “Even though widespread grassroots mobilization and education efforts were successful in beating back Pennsylvania’s voter ID in November’s election, it is still being debated in court,” Lowery Brown said. “We need to be doing more in the commonwealth to protect our citizens’ right to vote and look at effective ways to make voting easier for residents.” READ MORE HERE. Costa responds to Governor's liquor privatization plan State Rep. Paul Costa, Democratic chairman of the House Liquor Control Committee, released the following statement in response to Gov. Tom Corbett's liquor privatization plan: "While we haven't yet seen the specifics of the governor's proposal, the numbers just don't add up. On first blush, the governor's scheme looks eerily similar to the failed liquor privatization experiment that happened in Washington state last year, resulting in significantly higher prices and much less selection. Meanwhile, Pennsylvania taxpayers will lose hundreds of millions of dollars every year in reliable revenue for critical state and local needs. "Under the governor's booze scheme, Wal-Mart and other multi-billion-dollar retail giants would gain an unfair advantage and force small, mom-and-pop businesses to close their doors. We should be empowering our small businesses with the tools they need to grow and be more competitive. That's why I'm developing a responsible plan that modernizes Pennsylvania's alcohol laws while saving jobs and maintaining responsible control – resulting in improved efficiencies and more revenue for the state. My plan will make taxpayers and consumers the top priority – not corporate interests." Experts support Vitali bills to save solar grant program, increase use of renewable energy A panel of experts testified Jan. 29 in support of renewable energy legislation being introduced by state Rep. Greg Vitali, including a bill that would save a popular program that helps homeowners and small businesses install solar systems. "Increasing the amount of energy we use from clean, renewable sources has many benefits," said Vitali, Democratic chairman of the House Environmental Resources and Energy Committee. "It creates good-paying jobs, helps fight climate change and reduces our dependence on oil that is often drilled in countries that are hostile to America." Vitali, D-Delaware, hosted a House Democratic Policy Committee hearing to take testimony about his bills. READ MORE HERE. Readshaw bill would allow communities to control liquor license transfers State Rep. Harry Readshaw, D-Allegheny, has introduced H.B. 262, which would allow local communities to control the number and type of liquor-license establishments that are located in a specific community. Current law only limits liquor licenses on a countywide level. "Under my bill, municipalities would have the right to control the number of these establishments, not the state," Readshaw said. "Local communities are better judges of the needs and abuses of alcohol on a more personal level. While I have heard numerous complaints about bars in the South Side, this bill would give all communities an avenue to say enough is enough." READ MORE HERE. Hanna seeks investigation of payroll delay for personal care attendants House Democratic Whip Mike Hanna has written to Pennsylvania Attorney General Kathleen Kane and Auditor General Eugene DePasquale requesting that they investigate the delay in payroll payments to personal care attendants for some 22,000 consumers across the state. Copies of the letters can be found on Hanna's website here. In mid-December, the state Department of Public Welfare consolidated the financial management service responsibilities of 37 Pennsylvania-based companies involved with the Personal Care Attendant Program to PCG Public Partnerships LLC (PPL) of Boston. "According to DPW and the Office of Long-Term Living, this consolidation would save money and improve efficiency within the program. Despite questions from House members and stakeholders, both DPW and PPL assured the public that the transfer could be completed in less than a month with minimal problems. Now, as we near the end of January, legislative offices are being inundated with calls from attendants who have not received paychecks and consumers who fear they will lose care due to attendant non-payment," Hanna wrote to Kane and DePasquale. READ MORE HERE. Ravenstahl stands up for consumers with ‘swipe fee’ legislation State Rep. Adam Ravenstahl, D-Allegheny, is drafting legislation that would prohibit retailers from imposing credit card transaction fees or surcharges on consumers. “Beginning Jan. 27, merchants could start tacking on fees to cover processing costs, or about 1.5 percent to 3 percent of a buyer’s total purchase,” Ravenstahl said. “I’m sick of consumers being nickel-and-dimed and I am preparing legislation to help address that." Ravenstahl said his legislation would add Pennsylvania to the 10 other states that prohibit the swipe fees. Under the measure, retailers would be allowed to offer discounts if consumers choose to pay with cash, check or means other than a credit card. READ MORE HERE. HDPC and Philadelphia Delegation examine property tax relief measures in Philadelphia At a joint hearing in Philadelphia Jan. 28, members of the state House’s Democratic Policy Committee and Philadelphia Delegation heard from city leaders, citizen advocacy groups and research organizations regarding the implementation of property tax reform measures in the city, said HDPC Chairman Mike Sturla, D-Lancaster. State Rep. Cherelle Parker, D-Phila., requested the hearing and served as its co-chairwoman. The hearing looked specifically at the implementation of the city’s new property reassessment program, known as the Actual Value Initiative. The hearing also considered new legislation backed by the delegation to provide tax relief to residents who may be greatly impacted by AVI. "Soon after the city’s Actual Value Initiative was proposed, we got to work to help mitigate the financial strains that would be placed on some city homeowners,” Parker said. “Working together, the General Assembly succeeded in passing legislation to delay the implementation of AVI for one year and authorized the city to adjust school district property tax rates to prevent large tax increases on property owners." READ MORE HERE. Legal effort will oppose lottery scheme that will hurt Pa. seniors House and Senate Democrats plan to file a "friend of the court," or amicus brief, supporting a lawsuit brought in December by AFSCME against Gov. Tom Corbett’s scheme to privatize management of the Pennsylvania Lottery. In addition to the union, the petitioners on the suit include a handful of House and Senate members, lottery employees who stand to lose their jobs if the privatization goes forward, and senior citizens who receive benefits from the commonwealth funded by lottery proceeds. The suit alleges, among other claims, that Gov. Tom Corbett does not have the statutory authority to enter into the management contract with Camelot Global Services PA LLC, the United Kingdom-based private company which was the lone bidder for the lucrative management contract. "It was really a shock for me as a newly elected legislator, on my way to Harrisburg with ideas on how to make life better for the people of my district to discover that before I even got here, the governor took it upon himself to sign away control of the lottery without even consulting with those who represent the people who will be most affected," said state Rep. Mark Painter, D-Montgomery, a freshman House Democrat who has signed on to the brief. READ MORE HERE. Bishop, McGeehan announce reintroduction of child sex abuse bills Saying the move is long overdue and flanked by high-profile reform advocates, state Reps. Louise Williams Bishop and Michael P. McGeehan, both D-Phila., announced a renewed push to update archaic statute-of-limitations laws in child sexual abuse cases at a Capitol Rotunda news conference. Bishop and McGeehan said their respective bills are patterned after ones they introduced in the last two-year legislative session but died after being inexplicably bottled up in the committee process. Bishop reintroduced her legislation, now known as H.B. 237, which would abolish the statute of limitations on criminal charges and civil lawsuits in cases of child sexual abuse. “Child sexual abuse victims are slowly beginning to break the barriers of silence; however, they still face a daunting procedural obstacle -- the statute of limitations,” said Bishop, who came out last year as a victim of child sexual abuse. “Instead of suppressing legislation that would lift the statute of limitations, we should be voting these game-changing bills out of committee and the House, so more victims can seek justice.” McGeehan introduced H.B. 238 that would suspend any expired statute of limitations for two years in child sex abuse cases, providing a window of opportunity for those victims to file a civil lawsuit. His bill also would seek to make child sexual abuse an exception to the sovereign immunity defense that shields public officials from being sued. “The effects of child sex abuse are felt everywhere,” McGeehan said. “We are all victims. The scandals which have rocked school districts and dioceses across the country, Penn State, the Boy Scouts -- the problem clearly is not going away. Opponents of our measures need to rethink their positions and become part of the solution. Let’s get this done.” READ MORE HERE. White introduces bill forcing DEP to disclose environmental test data to landowners, leaseholders State Rep. Jesse White has introduced legislation that would require the state Department of Environmental Protection to disclose the full and complete testing results, including raw data and documentation, of any environmental tests conducted by the department on a landowner’s or leaseholder’s property in Pennsylvania. According to H.B. 268, DEP would have to make the information available at no cost and within five business days of receiving a written request from the landowner or leaseholder, or face civil penalties of up to $1,500 if the department fails to make the information available. White, who previously called on DEP to make public the full testing data and other details related to air and water quality tests amid concerns of nearby Marcellus Shale drilling operations, said his legislation would ensure that Pennsylvania residents can access their complete test results, and prevent that information from being withheld through bureaucratic maneuvering. “Pennsylvanians have a right to know the entire truth about what DEP discovers from testing on their property; nothing more, nothing less,” said White, D-Washington/Allegheny/Beaver. “DEP has used exemptions in the Open Records Law to deny requests for testing data and has even claimed there was a greater interest in withholding data than in releasing it to the public, which is fundamentally wrong. There is no justification whatsoever for disclosing anything less than 100 percent of the information about the substances in the air and water of Pennsylvania residents.” READ MORE HERE. Briggs wants testing for radon gas in schools - cites DEP concern over issue State Rep. Tim Briggs, D-Montgomery, is reintroducing legislation that would require radon testing in schools, as well as educate and inform parents and guardians of the levels of radon gas in their child’s classroom. Briggs said the Pennsylvania Department of Environmental Protection conducted public outreach in January as part of National Radon Action Month, warning residents about the dangers of radon gas. He said his legislation calling for school testing matches DEP Secretary Mike Krancer's message to homeowners – that radon gas is present in nearly half of all Pennsylvania homes; that it can be deadly; that everyone needs to test their homes for radon; and that a radon problem can be "easily and inexpensively" fixed.  "I am happy the DEP is discussing the dangers of radon gas and bringing the issue to the forefront," Briggs said. "Radon gas is radioactive, colorless, tasteless and odorless. There is no way of knowing its presence unless you test for it. By not taking the simple precaution of testing, we are needlessly endangering our children’s lives every day they go to school." READ MORE HERE. Santarsiero calls for election-spending reform at state, federal levels State Rep. Steve Santarsiero, D-Bucks, announced he will again introduce legislation to address the effects of campaign spending in the wake of the U.S. Supreme Court decision on Citizens United. His proposal, which he also introduced in 2010 soon after the decision and again last session in 2011, initiates a federal constitutional amendment through the state process. Specifically, his legislation is a concurrent resolution calling for a U.S. Congressional convention to amend the Constitution on the subject of election spending. Included in the amendment is the specific language for the 28th amendment to the U.S. Constitution to specifically allow Congress and the states to pass laws limiting the amount of money that can be raised and or spent and further limit the amount of money any person or group can donate in federal or state elections. Santarsiero said it is no coincidence that his call for reform falls on the three-year anniversary of the U.S. Supreme Court's ruling in Citizens United vs. the Federal Election Commission. In its decision, the Court found by a 5-4 vote that corporations and other groups could spend their money to support or oppose political candidates, and that denying them their right to do so was in violation on the First Amendment. READ MORE HERE. Haggerty introduces school resource officers bill, HB 196, as talk peaks nationally State Rep. Kevin Haggerty, D-Lackawanna, has introduced H.B. 196, which calls for funding for school resource officers, following President Barack Obama’s call for 1,000 school resource officers inelementary schools across the nation. Following the president’s announcement, Gov. Tom Corbett discussed the $500 million federal executive action for schools to hire more mental health counselors and school resource officers. He stated: "That’s going to require money. We have some areas that we think we can find some money to go into that." "Both the president of the United States and the governor of Pennsylvania don’t see funding as an issue, nor should our elected legislators in Washington and Harrisburg,” Haggerty said. “The safety value of resource officers in our schools compels us to see this through." READ MORE HERE.

Feb. 8, 2013   IN THE NEWS Corbett gets low marks in F&M poll Gov. Corbett’s proposed budget includes more money for education through sell-off of state liquor stores Protestors provide backing track to Gov. Corbett's budget address Corbett may wait on decision on Medicaid expansion State tax collections are ahead of estimates Lawmakers hear stories of Voter ID chaos Budget cuts are too deep Corbett: $1 billion to schools from sale of state stores Pa. Lawmakers Hold Hearing on Neighborhood Methadone Clinics in Philadelphia Liquor sticker shock stirs up Washington state drinkers Good start for DePasquale Pa. voters disapprove of Gov. Corbett Altering Electoral College count is ridiculous Not a hostage, is it? Property taxes to rise across Philadelphia suburbs Report calls states' efforts to lure business a 'fraudulent shell game' How to Win States and Disenfranchise People: The GOP's Electoral-Vote Plan Awaiting Pa. transit plan, advocates urge more than just reversing cuts Pa. auditor to review wastewater from shale well drilling Democratic legislative leaders ask attorney general to reject lottery contract ------------- Follow the House Democratic Caucus on Social Media:

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