October 24, 2011
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Pennsylvania Senate Republican News Brief

"The state will have to invest at least an additional $2 billion annually to meet our transportation infrastructure needs, and the cost to repair our infrastructure grows with each passing year. We can't continue to ignore these pressing challenges, which are directly related to public safety and economic development."

-- Senate Appropriations Committee Chairman Jake Corman (R-Centre) announcing that he will introduce transportation funding legislation encompassing many of the recommendations of a state commission appointed by Governor Tom Corbett.

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Senate Convenes Monday, October 24 at 1 p.m.

Among the bills that could be considered this week in the Senate are:

Senate Bill 367, Mineral Resource Development – Sen. Don White (R-Indiana)

Senate Bill 390, Farm Equipment Transportation – Sen. Mike Brubaker (R-Lancaster)

Senate Bill 595, Red Light Enforcement – Sen. Dominic Pileggi (R-Delaware)

Senate Bill 747, Plumbing Contractor Licensure – Sen. Ted Erickson (R-Delaware)

Senate Bill 887, Abandoned Tenant Property – Sen. Pat Browne (R-Lehigh)

Health Clinics and the Uninsured, School Criminal History Checks, W. PA Health Care

On Tuesday, the Senate Majority Policy Committee, chaired by Sen. Ted Erickson (R-Delaware), will hold a public hearing on the role of health clinics in serving the uninsured. (9 a.m. Senate Majority Caucus Room)

The Senate Education Committee, chaired by Sen. Jeffrey Piccola (R-Dauphin), will hold a public hearing Tuesday on implementation and compliance with criminal history provisions in Act 24 of 2011. (10 a.m. Hearing Room 1, N. Office Bldg.)

On Wednesday, the Senate Public Health and Welfare Committee, chaired by Sen. Pat Vance (R-Cumberland), will hold a public hearing on navigating possible changes in the western Pennsylvania health care delivery system. (9:30 a.m. Hearing Room 1, N. Office Bldg.)

Review

Corman Proposes Transportation Funding Legislation

Senate Appropriations Committee Chairman Jake Corman (R-Centre) announced Wednesday that he will introduce transportation funding legislation encompassing many of the recommendations of a state commission appointed by Governor Tom Corbett.

Pennsylvania leads the nation in the number of structurally deficient bridges, and more than 8,000 miles of highway need to be repaired or replaced, the senator said. The Commonwealth is losing ground in simply maintaining its current transportation network, let alone improving infrastructure, adding capacity where necessary or modernizing.

Senator Corman's legislative package is based largely on recommendations included in the report issued by the Transportation Funding Advisory Commission (TFAC), which Governor Corbett created in April to find solutions to the transportation funding crisis facing the state.

For more on Senator Corman's transportation funding legislation, please see In the Spotlight, below.
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Greenleaf's Criminal Justice Reform Act Approved by Senate

The Senate on Tuesday approved the Criminal Justice Reform Act, sponsored by Senate Judiciary Committee Chairman Stewart Greenleaf (R-Montgomery).

Senate Bill 100 contains several provisions that address prison overcrowding and recidivism, and reduce the high costs of incarceration. Senate Bill 100 continues the prison reform movement in Pennsylvania, makes better use of already existing alternative sentencing programs, and relies on principles that have been proven highly effective in other states.

Senator Greenleaf: "I am very pleased to see this legislation move on to the House. This is both an important fiscal and public safety issue in Pennsylvania. We can reform more non-violent offenders which will increase public safety and we can save millions in taxpayer dollars in the long term."

For more on Senate Bill 100, please see Fast Facts, below.

Senate Approves Greenleaf's Juvenile Justice Amendments

The Senate approved legislation Wednesday amending the state's Juvenile Act to ensure greater protections for juvenile offenders.

The action was prompted by the judicial abuses that occurred in Luzerne County between 2005 and 2008. Many juvenile's rights were violated because they were denied representation by an attorney and as a result were placed in detention centers for minor offenses.

Under Senate Bill 850, sponsored by Senate Judiciary Committee Chairman Stewart Greenleaf (R-Montgomery), the law will presume that all juvenile defendants are indigent in order to have each juvenile represented by an attorney. It would ensure more equitable treatment of juveniles and offer them the same protections whether they are tried in juvenile court or before a magisterial district judge for a summary offense. The legislation also streamlines the expungement of records that result from cases before the juvenile court and magisterial district judges.

The bill also defines the crime of cyber bullying by minors. These activities would only be considered a crime if a minor knowingly transmits an electronic message or photo to harm or harass another person.
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Piccola's Financial Recovery Bill for Harrisburg Signed into Law

Legislation sponsored by Sen. Jeffrey Piccola (R-Dauphin) to put Pennsylvania's Capital City on a responsible path to fiscal recovery was approved Tuesday by the Senate and later signed into law.

Senate Bill 1151 (Act 79 of 2011) enables the Governor to declare a state of fiscal emergency in Harrisburg, which would be triggered by the city's inability to meet its financial obligations and failure to adopt a financial recovery plan under Act 47. Once the emergency is declared, the Governor may petition Commonwealth Court to appoint a receiver for the city.

Once appointed, the receiver will have the ability to create a long-term recovery plan for the city and implement the plan as needed. The law also includes an advisory panel responsible for providing feedback to the receiver.

Senator Piccola: "The bankruptcy filing recently approved by city council is illegal and demonstrates the majority's inability and absolute flagrant disregard in governing the city in a responsible manner. This ongoing, reckless behavior has become a national embarrassment not only for this city but for our entire Commonwealth, as Harrisburg is the only municipality in state history to reject an Act 47 recovery plan."

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White's Capital Punishment Bill Approved by Senate

The Senate on Tuesday approved legislation sponsored by Sen. Mary Jo White (R-Venango) to establish a pretrial procedure to determine if a defendant in a capital penalty trial is a person with mental retardation.

A version of Senate Bill 397 has passed the Senate overwhelmingly in three prior legislative sessions, but has yet to receive final passage. The measure now goes to the House of Representatives for consideration. Senator White has introduced the measures since the U.S. Supreme Court ruled in 2002 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.

Under Senate Bill 397, 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 trial 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.

Transportation Committee Targets Drunk Driving, Auto Theft

The Senate Transportation Committee, chaired by Sen. John Rafferty (R-Montgomery), approved several measures Tuesday, including legislation that would crack down on drunk driving and set new standards for the use of ignition interlock programs.

Senate Bill 539, would increase penalties for drunk drivers who have a minor in the vehicle with them when the violation occurs. The maximum fine for a first offense would increase to $1,000 and 100 hours of community service. A second offense would carry a maximum fine of $2,500 and imprisonment of up to six months. Drivers convicted of subsequent offenses could be jailed for up to two years.

Senate Bill 1184 would increase the fee that a convicted drunk driver would pay for an occupational limited license from $50 to $100 and only with an ignition interlock system. Drivers who have been convicted of DUI would be eligible for an occupational limited license if they do not have a prior offense, have served 15 days of the suspension, and possess only a vehicle equipped with ignition interlock.

The committee also approved legislation sponsored by Sen. Stewart Greenleaf (R-Montgomery) to assist law enforcement in cracking down on auto theft in Pennsylvania.

Senate Bill 86 expands the Motor Vehicle Chop Shop Act to include "vehicle," "trailer" and "semitrailer," and clarifies language to assist law enforcement when attempting to charge someone with the crimes of profiting from stolen vehicle activity. The measure also provides additional legal protections with respect to search and seizure of stolen property.

In the Spotlight

Pennsylvania currently has 50 closed bridges and 650 weight-restricted or posted bridges – many in rural parts of the state where drivers must make long detours. Urban and suburban areas are seeing greater road congestion because money is not available to keep up with traffic needs.

The Transportation Funding Advisory Commission report urged PennDOT to consider a number of measures including adjusting outdated vehicle driver fees for inflation, increasing fines, uncapping the Oil Company Franchise Tax over five years and modernizing many PennDOT services for cost savings.

The Corman bill package incorporates most of the Commission's recommendations, providing a fair, strategic plan for addressing the transportation funding needs of Pennsylvania. All revenue generated will be dedicated specifically to transportation projects, which means the money will stay in Pennsylvania, creating jobs and boosting the economy.

The senator noted that, factoring in vehicle damage, time loss due to a degraded or overcrowded roadways, and reduced options to effectively and efficiently move products, motorists continue to pay more and get nothing in return for an overstressed transportation system.

Senator Corman: "A safe and reliable transportation network is a core function of state government and necessary for a strong economy. We have to find a way to fund our roads and bridges even in these tough fiscal times."

Fast Facts