Pennsylvania Senate Republican News Brief

"If recent history is any indication, we need Senate Bill 1122 as a solid insurance policy for all Commonwealth employees. This is particularly important after missing the constitutional deadline for passing a budget every year during the Rendell Administration."

-- Sen. Jeffrey Piccola (R-Dauphin), chairman of the Senate State Government Committee, which approved his bill prohibiting the furlough of Commonwealth employees in the event of a budget impasse.

STRENGTHENING OF OPEN RECORDS LAW, ANTI-“PHISHING” BILL MOVE TOWARD SENATE VOTE

The Senate could advance legislation next week to dramatically strengthen Pennsylvania’s Open Records Law.

Senate Bill 1 sponsored by Senate Majority Leader Dominic Pileggi (R-Delaware), would establish the presumption that all records from Commonwealth agencies and local agencies are open unless they fall under a specific exception established in law. It also would require agencies to accept email requests, shorten the period in which state agencies must respond to a request for documents, and improve the process for appealing denials. (For more, please see Review, below.)

The Senate could also consider legislation sponsored by Sen. Jake Corman (R-Centre) aimed at protecting consumers from computer “phishing,” in which identity thieves pose as legitimate businesses or websites to trick consumers into divulging private information. Senate Bill 390 defines the crime and establishes civil penalties.

The Senate Judiciary Committee, chaired by Sen. Stewart Greenleaf (R-Montgomery), will hold an informational public hearing on Behavioral Health Treatment Courts on Monday.

Expert witnesses from the criminal justice and law enforcement communities will describe the operation and benefits of treatment courts for qualifying non-violent offenders.

Legislation to strengthen Pennsylvania’s Open Records Law was approved Wednesday by the Senate Appropriations Committee, chaired by Sen. Gib Armstrong (R-Lancaster). It could be considered by the full Senate as soon as next week.

Senate Bill 1, sponsored by Senate Majority Leader Dominic Pileggi (R-Delaware), was amended to make the new Open Records Clearinghouse an independent entity within the Department of Community and Economic Development. The Clearinghouse will decide appeals when a records request is denied and provide training to agencies to improve compliance with the law.

Under the amended bill, the governor will appoint the Clearinghouse’s executive director, who will serve one or two six-year terms. The amendment also gives the executive director control of the Clearinghouse’s budget.

Sen. Pileggi’s amendment – which also made changes to strengthen penalty provisions, streamline record-keeping requirements, and establish a new appeals process for statewide row officers and local law enforcement agencies – was adopted unanimously. The committee then moved the amended bill to the full Senate for consideration.

Sen. Pileggi said: "The amendment is designed to ensure that the Open Records Clearinghouse can operate independently. The Clearinghouse should be able to decide appeals and provide training and advice without facing political pressure."

Sen. Mike Folmer (R-Lebanon) announced Wednesday that he is introducing legislation to exempt Pennsylvania from a federal mandate requiring the establishment of a national identification card.

The federal REAL ID Act was passed by Congress in 2005 in response to recommendations from the 9-11 Commission. It will set national standards for driver’s licenses and eventually require all license holders to visit PennDOT with documents, such as a birth certificate, to get a compliant license. States that don’t comply by 2010 would have driver’s licenses that could not be used for federal purposes, such as boarding an airplane, entering a federal building or opening some bank accounts.

Four states – South Carolina, New Hampshire, Maine, and Montana – have enacted statutes precluding their compliance with the federal law, with several others considering action.

Sen. Folmer said: "In the post-9-11 era, there is the sense by some that we should strip away privacy rights, if that's perceived as what's necessary to stave off terrorism. A national ID system will redefine privacy as we know it, create a mountain of new bureaucracy, and increase fees and taxes – without making us any safer."

SEN. ORIE: MAKE PA ONE OF FIRST STATES TO IMPLEMENT ADAM WALSH CHILD SAFETY ACT

Pennsylvania would lead the way in implementing the national Adam Walsh Child Protection and Safety Act under legislation unveiled Tuesday by Sen. Jane Orie (R-Allegheny).

The measure establishes federally mandated national standards to strengthen sex offender registration and notification. The changes will make the system more uniform and informative, and more readily available to the public.

States have three years to implement the Adam Walsh Child Protection and Safety Act -- also known as the Sex Offender Registration and Notification Act -- with bonus awards made by the Sex Offender Management Assistance program to jurisdictions that are in compliance by July 27, 2008.

PANEL APPROVES BILL PROHIBITING FURLOUGH OF STATE EMPLOYEES DURING BUDGET IMPASSE

The Senate State Government Committee, chaired by Sen. Jeffrey Piccola (R-Dauphin), unanimously approved legislation that will prohibit the furlough of Commonwealth employees in the event of a budget impasse.

In July, Gov. Rendell delayed finalizing a state budget in an effort to force passage of his energy proposals. The tactic resulted in the governor’s unnecessary furlough of 25,000 state employees labeled “non-essential” by the administration.

Senate Bill 1122, sponsored by Sen. Piccola, would designate all employees of the Commonwealth as “essential,” thus prohibiting the furlough of Commonwealth employees during a budget impasse.

Sen. Piccola said: “As the senator who represents the largest population of state employees in Pennsylvania, I was appalled by the governor’s actions to furlough what he labeled ‘non-essential’ workers. My legislation will remedy that situation so state employees are never used as pawns again during the budget negotiations.”

Pennsylvania local governments would be able to use the Internet to better inform citizens about meetings, ordinances and bid requests, while saving taxpayers more than $20 million each year, under legislation proposed by Sen. Bob Robbins (R-Mercer).

Senate Bill 1087, the “Public Notice Modernization Act,” would give municipalities, school districts and local authorities the option to electronically publish legal notices online in lieu of newspaper advertisements as is currently required by law.

The measure would require that government units shifting to online notices first publish newspaper advertisements informing the public of when legal notices will begin to be published electronically and the website address where the legal notices will be posted.

Sen. Robbins said: “A recent study by the Local Government Commission staff determined that local government entities could see a yearly savings of approximately $23 million in current advertising costs by electronically publishing legal notices. In addition to saving taxpayer dollars, this would provide more convenient access for citizens who want to keep track of the meetings in their school districts and municipalities and to follow the way local governments are spending their revenues.”

The Senate Special Session Committee on Energy Policies, chaired by Sen. Mary Jo White (R-Venango), held a public hearing Wednesday on legislation that would invest $530 million over the next seven years in consumer energy programs, energy conservation, and the development of alternative and renewable energy.

Special Session Senate Bill 1, the Alternative Energy Investment Act, was introduced by Sen. White and Sen. Tommy Tomlinson (R-Bucks). The measure provides funding for grants and loans to projects geared at improving energy supply and efficiency, increasing conservation and reducing demand for energy – with no tax increases.

The hearing featured testimony from alternative energy producers, the Secretary of Community and Economic Development, and others.

- Sen. White

- Hearing Part 1 Part 2

- Hearing

As part of his ongoing reform efforts, Sen. Bob Regola (R-Westmoreland) has introduced legislation that would require voters to show photo identification before they cast their ballots.

The federal Help America Vote Act requires a photo ID when a person votes in a municipality for the first time. Twenty-four states have broader voter identification requirements than what HAVA mandates. In these states, all voters are asked to show identification prior to voting. Six of the states specify that voters must show a photo ID; the other 18 accept additional forms of identification.

Senate Bill 1148 would amend the Pennsylvania Election Code by requiring electors to identify themselves each time they vote, with either a currently valid and reliable picture ID, such as a driver’s license, passport, or a combination of two documents, one of which contains a photo, and the other of which has on it the elector's name and current residential address.

Sen. Regola said: “One of our basic rights as Americans is the right to vote. Unfortunately, it is also one that is currently open to fraud and abuse. It is relatively easy for someone to walk into a polling place and cast a ballot using someone else's name and voting information. My legislation is a very basic protection to uphold the integrity of the election process in Pennsylvania.”

Congress passed the Adam Walsh Child Protection and Safety Act on July 27, the 25th anniversary of the day Adam Walsh was kidnapped. He was found murdered, and his father, John Walsh, has led national efforts to strengthen laws relating to child abduction and sexual offenders.

During the news conference to announce Sen. Orie’s bill, John Walsh made a videotaped presentation urging passage of the legislation. Also attending was Mary Kozakiewicz, mother of Alicia Kozakiewicz, a Pittsburgh teenager who was abducted by an Internet predator. Sen. Orie was also joined by law enforcement representatives and child safety advocates.

Sen. Orie said: “The Adam Walsh Act is crucial to protecting our children from predators because it seeks to create a national sex offender registry that will be available on the Internet and have uniform enforcement. The act also provides stricter prison sentences for offenders who fail to register and keep their information current. The convicted offender will have to register in person, and the worst offenders will have to check-in more frequently – ensuring that they don’t slip through the cracks.”

THE ADAM WALSH CHILD PROTECTION AND SAFETY ACT

Establishes a national system for the registration of convicted sex offenders.
Requires all jurisdictions to enact criminal penalties for sex offenders who fail to comply with registration requirements.
Requires sex offenders to appear in person to verify their registrations.
Imposes a fine and/or jail time up to 20 years for sex offenders who knowingly fail to register.
Makes registration as a sex offender a mandatory condition of probation and supervised release.
Directs the Attorney General to provide assistance to jurisdictions to help identify sex offenders relocated due to a natural disaster.