Pennsylvania Senate Republican News Brief

"We should not raise taxes on hardworking Pennsylvania families at a time when so many people are having their work hours cut back, losing their jobs, and losing their homes. Government needs to live within its means."

-- Senate Majority Leader Dominic Pileggi (R-Delaware) on Gov. Rendell's proposal to hike the state Personal Income Tax by almost 17 percent.

Preview

BUDGET DISCUSSIONS CONTINUE

Discussions continue this week over crafting 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.

House Bill 1416, a 2009-10 budget bill introduced by Rep. Dwight Evans, was introduced and referred to the House Appropriations Committee on May 4. For more than 50 days, neither bill has been allowed to advance to the full House for debate and a floor vote.

COMMITTEE TO EXPLORE CLAIM OF REDUCED STATE POLICE COMPLEMENT

The Senate Law and Justice Committee, chaired by Sen. John Rafferty (R-Montgomery), will hold a public hearing Tuesday on erroneous Rendell Administration claims that the Senate-passed budget bill would reduce the number of Pennsylvania State Troopers.

The committee is expected to question State Police Commissioner Frank Pawlowski about the governor's claims.

Review

Senate Committee Advances Gaming Reform Bill

Bipartisan legislation to make significant reforms to the law governing casinos in Pennsylvania was unanimously approved Tuesday by the Senate Community, Economic and Recreational Development Committee, chaired by Sen. Jane Earll (R-Erie).

Senate Bill 711, sponsored by Senator Earll, 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, and extend the ban on felons receiving gaming licenses.

Several senators from both parties were directly involved in the process of writing Senate Bill 711, including Sen. Jane Orie (R-Allegheny), Sen. Tommy Tomlinson (R-Bucks), Sen. John Rafferty (R-Montgomery) and Sen. Kim Ward (R-Westmoreland). Senate Bill 711 now moves to the full Senate for consideration, after being referred to the Senate Appropriations Committee for a fiscal note.

Senator Earll said: "Many criticisms of the existing gaming law have been justified. These reforms will go a long way toward giving the public confidence that the gaming industry in Pennsylvania is being thoroughly and efficiently regulated in a transparent manner." (For more on the gaming reform bill, please see In the Spotlight and Fast Facts, below.)

Senator Earll

Senator Orie

Senator Tomlinson

Senate Approves Safe Schools Package

The Senate on Thursday approved a legislative package sponsored by Senate Education Committee Chairman Jeffrey Piccola (R-Dauphin) that would make significant changes to Pennsylvania's Safe Schools Law by ensuring those with criminal records are banned from employment in the Commonwealth's schools and improving the reporting requirements between school districts and local law enforcement.

Senate Bill 55 would establish a lifetime ban on working in schools for those who have been convicted of serious violent offenses, including sexual violence and crimes against children. It also prohibits anyone convicted of any other felony crime from working in a school setting for at least 10 years.

Senate Bill 56 requires the Education Department to create an Office for Safe Schools within the agency and be charged with overseeing its work, rather than outsourcing that function as is currently done. It also requires school entities to submit their violence reports to their local police department to verify the school's report. An Auditor General's report found the department was not verifying the violence statistics it received from schools and that it was failing to monitor school violence.

The origin of Senator Piccola's legislation was a Dauphin County Grand Jury probe which uncovered crimes and incidents of school violence in 2005 that often did not get reported to the state.

Senator Piccola said: "Mandating greater cooperation between our law enforcement community and school professionals and strengthening the lifetime employment ban imposed against school employees convicted of serious offenses are the key components of my legislation that will go a long way to improving school safety.”

Mortgage Fraud Prevention LEGISLATION Approved by GENERAL ASSEMBLY

Legislation that would help protect consumers from mortgage fraud has been approved by the Senate and House of Representatives and will head to the governor's desk for his signature.

Senate Bill 170, sponsored by Sen. Mike Brubaker (R-Lancaster), would prohibit a mortgage broker or originator from being the exclusive recipient of communications to a consumer. The legislation would prevent brokers from withholding information about interest rates, fees or monthly payments, and it would ensure that consumers are informed of the terms of their mortgage.

A companion bill, House Bill 985, would help to prevent fraud by protecting mortgage company employees who report illegal activities or take part in an investigation, hearing or inquiry. The legislation would prevent an employer from taking actions such as reducing an employee's salary or benefits, changing the terms of employment, or firing an employee. Currently, those protections only apply to these employees when they report a violation of the state Banking Code, but not if they report a violation of other law.

The bills were introduced in response to the OPFM mortgage scandal that swindled more than $26 million from Pennsylvania homeowners.

Senator Brubaker said: "No homeowner should have to suffer through the financial pain and uncertainty of falling victim to mortgage fraud. This new law will ensure that consumers have access to vital mortgage information to make certain that Pennsylvania families are not ripped off by unscrupulous mortgage brokers and other con artists."

Sen. Ward Proposes Option for Local State Police Coverage

Legislation that would give municipalities the option to have police protection and services by the Pennsylvania State Police has been introduced by Sen. Kim Ward (R-Westmoreland).

Senate Bill 984 allows municipalities without police departments to contract with the State Police for a permanent state trooper presence in their communities. It establishes a State Trooper Services Contractual Program under the supervision of the State Police to provide troopers above the current complement of officers to perform patrol duties within the contracting municipality.

Monies from the contracts would go to a restricted fund to hire and train state troopers. Troopers assigned would remain under State Police command structure, but would not be removed from the contracted area unless extreme emergency requires the redeployment.

Senator Ward said: "Municipal governments need options, not dictates from Harrisburg. My bill will give local governments an additional option to address the issue of police protection."

In the Spotlight

Major provisions in Senate Bill 711, reforming the law governing casinos in Pennsylvania, include reestablishing the prohibition on political campaign contributions by individuals and entities subject to the Gaming Act and prohibiting future board members from having any outside employment.

It would also expand 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.

Senate Bill 711 prohibits employees of the Pennsylvania Gaming Control Board, including attorneys, from being employed by any regulated entity for a period of two years after leaving the PGCB, and requires 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.

The measure strengthens the PGCB's subpoena powers and conferring immunity powers to the PGCB, if the board first adopts a resolution recommending immunity and the Attorney General approves in writing, and clarifies 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.

Fast Facts

ADDITIONAL PROVISIONS OF SB 711, THE GAMING REFORM BILL

Strengthens the Code of Conduct for the Pennsylvania Gaming Control Board, including stronger prohibitions on ex parte communications.
Limits reimbursement for PGCB members and employees to actual and reasonable expenses, and requires receipts to be submitted for any reimbursement over $10.
Requires monthly and annual reporting of PGCB expenses on the board's web site.
Clarifies confidentiality provisions by establishing and identifying specific categories of confidential information.
Enhances provisions related to the relocation of a licensed slot machine facility, including specific evaluation criteria and a requirement that the board hold at least one public input hearing in the municipality where the licensed facility may be located.
Prohibits any grants or loans from the Commonwealth for the purpose of relocating a licensed slot machine facility.
Adds a new section specifically providing for the appointment of a trustee under certain conditions.
Expands the authorized use of local law enforcement grants to include all forms of unlawful gambling. The total amount of grants available in this section is reduced from $5 million to $3 million annually, with the $2 million difference going into the Property Tax Relief Fund.