Pennsylvania Senate Republican News Brief

"Increased taxes and new borrowing will only mortgage our future. We have to make tough decisions now – just as Pennsylvania families do in these very uncertain economic times."

-- Senate President Pro Tempore Joe Scarnati (R-Jefferson) on the governor's proposed 2009-2010 state budget.

Preview

AWAITING HOUSE ACTION ON SENATE-PASSED BUDGET BILL

The Senate is awaiting House action on a 2009-10 state budget. After being passed by the Senate, Senate Bill 850 – a responsible budget for 2009-10 that does not increase taxes, relying instead on cuts to state spending – was referred to the House Appropriations Committee on May 7.

On Tuesday, the Senate Education Committee, chaired by Sen. Jeffrey Piccola (R-Dauphin), will hold a public hearing regarding the debate to implement statewide high school graduation testing (Keystone Exams). The hearing will include a briefing by State Board of Education Chairman Joe Torsella.

Review

Sweeping Gaming Law Reform Bill Approved by Senate

The Senate overwhelmingly approved bipartisan legislation Tuesday to make significant reforms to the law governing casinos in Pennsylvania.

Senate Bill 711 is sponsored by Sen. Jane Earll (R-Erie), who chairs the Senate Community, Economic and Recreational Development Committee. It 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.

Senator Earll said: "When the Gaming Law was enacted five years ago, Pennsylvania was entering largely uncharted waters. Over time, the need to tighten the law has become clear. This comprehensive legislation represents a bipartisan effort to prevent conflicts of interest, improve transparency, and give citizens confidence that safeguards are in place to properly regulate the industry."

For a list of major provisions in Senate Bill 711, please see Fast Facts, below.

Senate Unanimously Approves Bill to Bring Reforms to Juvenile Justice Courts

Legislation aimed at preventing further cases of corruption in county juvenile courts was unanimously approved by the Senate on July 6.

Senate Bill 949 was drafted by Sen. Lisa Baker (R-Luzerne) in response to an alarming case of corruption uncovered in Luzerne County, which resulted in hundreds of juveniles being improperly sentenced and inappropriately placed in detention centers.

The measure would establish an 11-member Interbranch Commission on Juvenile Justice, appointed by the Chief Justice, General Assembly and Governor, to conduct a thorough review of juvenile justice procedures, practices, rules and regulations and pursue remedies and reforms.

The goal is to ensure that children and families who enter the juvenile justice system are granted fundamental constitutional protections and that judges are monitored to make sure their decisions are ethical and correct.

Senate Approves White's Capital Punishment Bill

The Senate approved legislation Wednesday that establishes a pretrial procedure to determine if a defendant in a capital penalty trial is a person with mental retardation.

Under Senate Bill 628, sponsored by Sen. Mary Jo White (R-Venango), counsel for a defendant in a capital case can request a hearing prior to trial to determine if the defendant is not eligible for the death penalty due to mental retardation. The burden of proof would be on the defendant. If the judge finds for the defense, the trial would proceed as a noncapital trial.

The bill also provides a similar procedure for a defendant already sentenced to death with appeals pending. The bill's definition of "a person with mental retardation" is based on one used by the American Association of Mental Retardation.

Senator White has previously introduced similar legislation following a 2002 U.S. Supreme Court ruling that applying the death penalty to persons with mental retardation is unconstitutional. The court left it up to states to determine how to implement the decision. The bill will be sent to the House of Representatives for consideration.

Senator White said: "For seven years, Pennsylvania's Commonwealth courts have been waiting for direction from the Legislature regarding how the courts should determine mental retardation, and whether it should be decided before or after trial. I think it makes the most sense to have a pretrial hearing. To have courts go through the expense and stress of a capital trial only to then determine it's not a capital case at all doesn't seem logical. Senate Bill 628 will finally give our courts the direction they need on this extremely serious topic."

Senate Approves Bill to PROHIBIT Texting While Driving

The Senate approved legislation Thursday sponsored by Sen. Tommy Tomlinson (R-Bucks) that would prohibit texting while driving.

Senate Bill 143 is intended to address an increasingly common and dangerous practice that has resulted in accidents and fatalities across the nation. A recent study by the National Highway Traffic Safety Administration revealed that 80 percent of crashes and 65 percent of near-crashes involve some form of driver distraction occurring within three seconds before the vehicle crash.

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.

Senator Tomlinson said: "Drivers should be doing only one thing when they are behind the wheel of an automobile, and that is paying attention to the road and other drivers. Text-distraction doesn't just jeopardize the lives of those texting, but also puts the lives of everyone on the road with them at risk."

SENATE CLARIFIES Right-to-Know Law Status of Volunteer Emergency Responders

Legislation to clarify the status of volunteer emergency responders under Pennsylvania's new Right-to-Know Law was approved by the Senate on Tuesday.

Sponsored by Senate Majority Leader Dominic Pileggi (R-Delaware) and Sen. Lisa Baker (R-Luzerne), who chairs the Senate Veterans Affairs and Emergency Preparedness Committee, Senate Bill 851 is needed to address a Final Determination issued earlier this year by the Office of Open Records.

Under Senate Bill 851, volunteer fire companies and other volunteer emergency responders will not be subject to the Right-to-Know Law except in cases where a contract exists with a government agency to provide such services. In such cases, financial records related to the contract will be public.

Information about grants or other government funding provided to volunteer emergency responders will be available through the agency providing the grant. Terry Mutchler, the Office of Open Records' executive director, supports the legislation as long as financial records for any government monies remain public.

In the Spotlight

Senate Republicans are urging action on a state budget that cuts spending and includes no new taxes. Below are recent comments by Senate Republicans on the Senate-passed plan – Senate Bill 850 – and the governor's plan, which would increase the state Personal Income Tax by more than 16 percent:

"I don't think the sky's going to fall in Pennsylvania because of a two-percent reduction in total spending."- Senate Majority Leader Dominic Pileggi (R-Delaware)

"The last thing you want to do in this economic climate is raise taxes." – Senate Majority Whip Jane Orie (R-Allegheny)

"Anyone who thinks this tax [the governor] is proposing is temporary, with a $4 billion hole in the out years, that's just naïve." – Senate Appropriations Committee Chairman Jake Corman (R-Centre)

"Big tax increases will have serious economic consequences." – Sen. Lloyd Smucker (R-Lancaster)

"Why not allow the House membership to propose, discuss and vote on a budget bill?" – Sen. Gene Yaw (R-Lycoming)

"We can't tax ourselves out of a recession." – Sen. Ted Erickson (R-Delaware)

"We're not saying cut education. We're saying let's keep those increases at a modest and affordable level." – Sen. Jeffrey Piccola (R-Dauphin)

"I would suggest that those who criticize offer an alternative. Bring a bill out. Let it be voted upon." – Sen. Pat Vance (R-Cumberland)

"This is a philosophical debate. We are at a crossroads in this commonwealth." – Sen. Rob Wonderling (R-Montgomery)

Fast Facts

Major provisions of Senate Bill 711, Gaming Reform Legislation

Reestablishing the prohibition on political campaign contributions by individuals and entities subject to the Gaming Act.
Prohibiting future board members from having any outside employment.
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.
Prohibiting employees of the PGCB, including attorneys, from being employed by any regulated entity for a period of two years after leaving the PGCB.
Clarifying that gaming-related employees of the PGCB, the Department of Revenue, the Pennsylvania State Police, and the Attorney General would not be subject to furlough in the event of a budget impasse.
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.
Strengthening the Code of Conduct for the PGCB, including stronger prohibitions on ex parte communications.
Limiting reimbursement for PGCB members and employees to actual and reasonable expenses, and requiring receipts to be submitted for any reimbursement over $10.
Requiring monthly and annual reporting of PGCB expenses on the board's web site.
Clarifying confidentiality provisions by establishing and identifying specific categories of confidential information.