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State Capitol Facing North Office Building

Words Do Matter

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Demonstrating that ‘words do matter,’ Governor Tom Corbett has signed legislation that updates Pennsylvania’s Mental Health and Mental Retardation Act of 1966.  The new law changes the words “mental retardation” to “intellectual disability.”  The bill passed both the state Senate and House with unanimous support.

This is the result of a self-advocate movement, according to Maureen Wescott, Public Policy Advocate at The ARC of Pennsylvania.  “This is what they choose to be called and identified by, and refuse to be identified by a negative terminology.” 

Executive Director of The ARC of Pennsylvania Maureen Cronin says Pennsylvania is joining the federal government and other states in striking ‘the R word’ from its statute.  “Because retarded, as you know, has turned into a derogatory, slang insult,” Cronin explains. 

The bill was sponsored by state Senator Andy Dinniman, a Chester County Democrat, who says it makes the language changes in all 34-pages of the act.  “Words do matter,” Dinniman said in a statement.  “They can either convey disrespect and ignorance or respect and understanding.” 

The new law takes effect immediately.

House, Senate Pass Marcellus Shale Bills

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A wide-ranging Marcellus Shale impact bill, similar to what Governor Tom Corbett proposed in October, passed the state House on Thursday afternoon.  The bill includes both a per-well impact fee and a series of new environmental regulations, but Democrats like Mike Hanna (D-Clinton) say it’s not enough.  “We must vote no on Governor Corbett’s tax bill because it is completely inadequate and can be more accurately characterized as a massive giveaway to the multimillion dollar oil and gas industry,” Hanna said during floor debate.  Hanna, however, was on the losing end of a 107 to 76 House vote.

The impact fee that passed the Senate on Tuesday (29 – 20) would charge drillers more money, over a longer period of time.  It would amount to an effective tax rate of 3%.  “We’re not the lowest in the country and we’re not the highest,” explained President Pro Tem Joe Scarnati (R-Jefferson).  “But we’re in competition; we’re in competition for jobs.”  In 2012, Senate Republicans say the impact fee would raise a minimum of $155-million. 

House and Senate Republicans must now iron out the differences between the two bills.  “What we have to do is get everybody sitting down at the table to talk about it, but we’re finally moving,” Corbett told a gaggle of reporters earlier in the week. 

Meanwhile, former Governor Ed Rendell is still backing a more significant severance tax on natural gas drilling.  “To my colleagues, both Republicans and Democrats in southeast Pennsylvania, if you vote for either of these bills and don’t insist on a real tax, you are courting political suicide,” Rendell said at a recent capitol appearance.  “Because you should see what the feeling is in southeast Pennsylvania.”

Bid Limit Bills Signed Into Law

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A package of 14 bills will ease the bid limit burden on Pennsylvania’s local governments by increasing the threshold from $10,000 to $18,500, and indexing that number to inflation.  State Rep. Mark Keller (R-Perry) has been working on the issue for six years, and says it will give municipalities the flexibility they need.  “I think, if anybody looks at it, they’ll see that you don’t get much done for $10,000 dollars anymore,” Keller says.  14 bills were required to address each individual class of municipality, but Keller says they all accomplish the same goal. 

David Sanko

PSATS Executive Director David Sanko

By reducing the number of projects that local governments must advertise and seek bids for, Pennsylvania State Association of Township Supervisors Executive Director David Sanko says more tax dollars will be invested in local projects and services.  He says the proposed updates are not increasing anyone’s purchasing power.  “Essentially what you used to buy with $10,000 in 1990 you’ll be able to buy at the same levels,” Sanko says, “It’ll just be in what the equivalent version of 1990 dollars are.”

That index is a key part of the legislative package, according to Rep. Keller.  “By having the indexing there… it should take care of itself from here on out.”  The inflationary index is capped at 3% annually. 

The package passed both chambers of the General Assembly with bipartisan support.  Governor Corbett signed them into law on Thursday.  Keller says it was a compromise in that he initially proposed raising the threshold to $25,000.  David Sanko at PSATS hopes it’s the first of several unnecessary, unfunded mandates the legislature will address.

Concussion Bill Heads to Governor’s Desk

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A concussion is a brain injury, and the Safety in Youth Sport Act is written to protect Pennsylvania’s children from traumatic brain injuries.  “It strengthens our overall protocols when it comes to the safety of our children in scholastic sports, in order to reduce the incidences and potential risks of traumatic head injury,” says State Sen. Pat Browne (R-Northampton), the bill’s prime sponsor. 

SB 200 received unanimous votes in both the Senate and House.  The legislation would sideline student athletes at the first display of concussion symptoms, and require the clearance of an appropriate medical professional before being allowed back on the field.  It also would require the student and parent to sign an awareness form, and mandate coaches to complete an annual concussion certification course. 

Tim Briggs

State Rep. Tim Briggs

State Rep. Tim Briggs (D-Montgomery) has been working on this issue since he was elected to the House in 2008.  He tells Radio PA the awareness piece of the bill may be even more important than the protection piece.  “If we don’t let the parents, let the kids know what can happen if they hide or shrug off the symptoms,” Briggs says, “Then it could have devastating, long-term consequences.” 

The medical community echoes those sentiments.  “I’ve talked to athletes personally… whose lives have in effect been personally affected by a concussion that was suffered in high school or college sports,” says Mike Miller, chairman of the Pennsylvania Brain Injury Coalition. 

The bill applies to students participating in interscholastic sports, school contests and activities.  It is now on its way to Governor Tom Corbett’s desk.  Supporters call it one of the best and most comprehensive bills of its kind in the nation.

Texting While Driving Ban on its Way to Governor’s Desk

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Pennsylvania could soon become the 35th state to ban all drivers from texting behind the wheel.  With a 45 – 5 vote in the Senate, Tuesday, a bill to ban texting while driving is on its way to Governor Tom Corbett’s desk.  “It’s no question that it’s distractive, it’s no question that it’s dangerous, and it’s also in many instances deadly,” Senator Tommy Tomlinson (R-Bucks) said during a speech on the Senate floor.  Tomlinson is the prime sponsor of SB 314. 

The bill received bipartisan support in the House too, passing the chamber with a 188 – 7 vote on Monday.  “It’s been almost five years working on this,” State Rep. Eugene DePasquale (D-York) tells Radio PA.  “I think it will make the roadways of Pennsylvania safer, and at the end of the day I think it’s a stronger piece of legislation than when it started.” 

The final version of the bill would make texting while driving a primary offense, which means a police officer could pull a driver over solely for texting.  The offense would come with a $50 fine, but points would not be added to a driver’s record and police could not seize a driver’s phone. 

Governor Tom Corbett made his support of a texting ban clear, last month, while signing a new teen driver law.  “Literally the other day, somebody was driving with their elbows and texting in the fast lane of the Pennsylvania Turnpike,” Corbett recalled. 

Pennsylvania is currently one of only ten states with no law on the books concerning texting while driving.  The issue of talking on handheld cellphones is being addressed in a separate bill, which awaits state House action.

Capitol View from East Wing

Senate Approves Education Reform Bill

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A revamped version of SB 1 attempts to address three of the four tenets of the governor’s education reform agenda.  Throughout hours of Senate debate, Wednesday, there appeared to be broad support for the expansion of Educational Improvement Tax Credits and updates to the state’s charter school law.  However, a school vouchers program proved controversial.  

“Over 90% of the kids are still going to be at the old school,” said Sen. Daylin Leach (D-Montgomery).  “They are just going to have less resources to try to eke out an education.”  

The amended voucher program in SB 1 would make the per-student state education subsidy available to low-income students, in the worst-performing 5% of schools, to help them attend the public or private school of their choice.  Students whose families earn up to 130% of the federal poverty guidelines would receive a full voucher, while students whose families earn up to 185% of the federal poverty guidelines would be eligible for three-quarters of the per-student state subsidy.  The impacted schools are located primarily in Philadelphia, Harrisburg, Allentown, Pittsburgh and Reading. 

“If this bill was a bill that would require statewide vouchers, I would vote against it,” said Democratic Education Chairman Andy Dinniman (D-Chester).  “But this bill is a very limited bill that is aimed to help students in 143 buildings in this commonwealth, out of thousands of school buildings in this commonwealth.”

 The bill ultimately passed 27 to 22,and now heads to the House.  Governor Tom Corbett has not yet endorsed SB 1, but says he has been working with lawmakers behind the scenes. 

 

Advocates: PA Can End “REAL ID”

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Pennsylvania could become the 16th and largest state to enact a law that blocks implementation of the federal REAL ID Act.  “We believe that state resistance will lead to the demise of REAL ID, and that’s why it’s important for SB 354 to pass,” says ACLU of PA legislative director Andy Hoover.  He’s talking about a bill that has now earned unanimous approve in the state Senate. 

The federal REAL ID Act, if fully implemented, would place requirements on state driver’s licenses that critics say would essentially make them national ID cards.  It would also link all DMV databases across the country, potentially placing Americans’ personal information at risk.  “I believe it’s just one more encroachment on our individual liberty and freedom, which are slowly being taken from us in a very subtle way,” says Senator Mike Folmer (R-Lebanon), the bill’s prime sponsor. 

There are also financial concerns, as PennDOT estimates it will cost more than $100-million dollars to implement REAL ID.  “It’s one more mandate coming down from the federal government… and we all have our own economic scenarios going on as it is,” Folmer tells Radio PA. 

This has been a lingering issue under the state capitol dome.  The House passed an opt-out bill in 2008; the Senate passed one in 2010, but time ran out on both efforts.  “We’re hopeful this is the session we finally put REAL ID to bed,” Hoover says.  Folmer’s legislation passed the Senate 50 – 0, and is now awaiting action in the House State Government Committee.

Both Sides Claim to be Protecting Your Vote

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A capitol rally has fanned the flames of the Voter ID debate.  Back in June the House voted, largely along party lines, to approve a controversial Voter ID bill.  As supporters work to get HB 934 considered in the Senate, the Protect Our Vote Coalition is speaking out.  Pennsylvania Voice field director Jeff Garis delivered a message to lawmakers: “That creation of jobs, that encouraging and building our economy, that protecting homeowners from being sent out of their homes will be the first item of business – not attempts to disenfranchise voters.” 

The coalition calls the Voter ID bill, a voter suppression bill.  “Although many people will face no inconvenience if state-issued photo ID is required to vote – those who will be inconvenienced will include a significant number of people with disabilities and elderly seniors,” says Deborah Delgaldo with the Disability Rights Network of Pennsylvania. 

The Voter ID bill would require Pennsylvanians to show an approved form of photo ID every time they vote.  State Rep. Daryl Metcalfe (R-Butler) says it ensures integrity in the election process.  “It’s just hard to believe that some of these individuals will actually rally around a microphone, to defend a system that has allowed for fraud to occur and for our election code to be violated by ACORN and by other groups,” says Metcalfe, the prime sponsor of HB 934. 

Metcalfe’s bill would allow persons without an approved form of photo ID to obtain one for voting purposes at no cost.  “You’re making available the photo ID card for free, but the documentation that you need to provide is going to be an obstacle,” explains Garis.  “For some people, particularly low income people, seniors on a fixed income, there’s going to be a cost associated with that.” 

An analysis from the Pennsylvania Budget & Policy Center pegs the cost of Voter ID implementation – including free ID cards, voter notification and more – at $11 million.  While Rep. Metcalfe doesn’t believe the cost will be that high, he does acknowledge there is an associated cost for good government.  “This cost is something that taxpayers will support,” he says.

Top Lawmaker Wants to Address Transportation Funding Now

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Make room in the already crowded fall agenda.  In addition to Marcellus Shale, education reform, redistricting and privatization – transportation funding is the latest high profile issue to be added to the front burner.  State Senate Appropriations Chair Jake Corman (R-Centre) tells reporters that he’ll soon introduce legislation that mirrors the recommendations of the governor’s Transportation Funding Advisory Commission.

Pennsylvania faces a roughly $3.5-billion annual transportation funding gap, and the commission’s recommendations would raise $2.5-billion by year five.  “We’re going to do this someday and it’s not going to get cheaper,” Sen. Corman says.  “The only reason not to do it is political fear, and that’s just not acceptable.” 

The Transportation Funding Advisory Commission would raise the money for roads and bridges by uncapping the Oil Company Franchise Tax, indexing vehicle and driver fees to inflation and increasing fines and fees for traffic violations.  The average driver could pay up to $36 more in year one, and $132 more by year five.  However, those amounts could be lower depending on how much of the oil franchise tax is passed onto consumers. 

But Corman says inaction is not saving Pennsylvanians any money.  “We’re going to pay it in extra gasoline in traffic; we’re going to pay it in extra wear and tear on our vehicles.  You know it’s an average 10-mile detour when a bridge is closed down,” Corman explained to reporters after session on Wednesday.

Corman says the time to act is now, but acknowledges that it will require direction from the governor, as the Transportation Committee chairmen have indicated no interest in moving this legislation without hearing from Gov. Tom Corbett. 

To this point, Corbett hasn’t made any decisions about how to approach transportation funding.  Speaking at a news conference earlier this month, Corbett said, “They’re all priorities that we need to take a look at, but not everything can go first.”  The governor was responding to a question about where transportation funding fits into the fall legislative agenda.

State Takeover Looms Over City of Harrisburg

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State takeover legislation is another step close to the governor’s desk, after passing the Senate 37 – 13 on Tuesday afternoon.  Despite $450 million dollars in mounting debt, officials in the City of Harrisburg cannot agree to a financial recovery plan.  SB 1151 would allow the governor to declare a state of emergency and assume control of the capital city’s finances.  The governor would then be able to appoint a receiver to create and implement a long-term recovery plan for the city.

Critics, like Senator John Blake (D-Lackawanna), call it an overreach.  “It disrespects longstanding principles of democracy, autonomy and local sovereignty,” Blake said on the Senate floor. 

Proponents, like Senator Jeffrey Piccola (R-Dauphin), call the takeover unfortunate, but necessary.  “If this bill does become effectuated, and a declaration of fiscal emergency is made by the governor, [there’s] a 30-day window of opportunity for the mayor, city council and the commonwealth to resolve their differences and come to a consent agreement,” says Piccola, who would prefer city officials come to a resolution themselves. 

A federal bankruptcy judge has set a Nov. 23rd hearing date to hear oral arguments over the legal issues that surround Harrisburg City Council’s Chapter 9 bankruptcy petition.  Council defied Mayor Linda Thompson and state officials, earlier this month, by voting 4 – 3 to seek bankruptcy protection.

Councilman Brad Koplinski says bankruptcy is a better option than accepting a harsh recovery plan that would doom the city, thus putting it on a path to bankruptcy anyway.  Mayor Thompson, however, says City Council does not have the authority to file the bankruptcy petition.  “They have people in their ears who believe they know the law, people who have their own political agendas as well, and they’ve been led down the wrong lane,” Thompson said at a recent news conference. 

HB 1151 still requires one more House vote before it can be sent to the governor’s desk.  That could happen as early as Wednesday.  Meanwhile, the capital city’s ongoing woes have recently caught the attention of the national media.