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February 9, 2010
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Harrisburg Happenings

A report on the Legislative Session weeks of February 1, and February 7, 2010
By Senator Bob Robbins
50th Senatorial District

Governor Unveils 2010-11 Budget Proposal 

Senate Republicans will carefully study Governor Rendell's $29 billion General Fund budget request for Fiscal Year 2010-11 and remain committed to enacting a fiscally responsible spending plan in a timely manner while protecting the interests of Pennsylvania's taxpayers.

The Governor's budget proposal also includes a $1.15 billion (4.1 percent) increase in spending and projected 3.2 percent increase in revenues in the upcoming fiscal year.

In particular, Senate Republicans will consider the Governor's proposal to impose new taxes and eliminate sales tax exemptions to create a Stimulus Transition Reserve Fund. Rendell proposes to impose new taxes on Marcellus Shale natural gas extraction and on "other tobacco products" – cigars and smokeless tobacco. Rendell also proposes the elimination of the 1 percent fee granted to vendors for collection of Pennsylvania's sales tax.

Rendell's plan calls for a decrease in Pennsylvania's sales tax from 6 percent to 4 percent coupled with the elimination of 74 current exemptions to that levy. The Governor also wants to close the "Delaware Loophole" through combined reporting by multistate and multinational firms of their income and expenses for tax purposes. 

The Governor's proposed FY 2010-11 General Fund budget includes a $354 million increase in Basic Education Subsidies for Pennsylvania's public schools for a proposed total of $5.88 billion. Special Education funding would remain at the current level of $1.027 billion.

The proposed budget also maintains funding for community colleges, the State System of Higher Education, and the four State-Related universities at FY 2009-10 levels.

The Senate's review of the budget proposal will formally begin on February 16 with three weeks of hearings conducted by the Senate Appropriations Committee. The state's current fiscal year ends on June 30.

Senate approves bills addressing ADA concerns 

The Senate approved a package of bills I introduced to bring municipal law provisions governing pre-hiring examinations of emergency responders in cities, towns, townships, and boroughs into compliance with the federal Americans with Disabilities Act.

The ADA clearly prohibits requiring a medical examination of all applicants before a conditional offer of employment.  However, the ADA does allow medical examinations and inquiries with certain conditions. 

A number of communities have already been subjected to litigation because of problems in the language of current state statutes. These bills amend the police officers and firefighters civil service statutory provisions to ensure those laws are interpreted and applied by municipal officials in a manner that is in compliance with federal and state anti-discrimination laws.

Senate Bills 908 through 913 would meet ADA requirements by:

• Clearly delineate a difference between prohibited pre-offer "medical examinations" and permissible job-related "physical and agility tests" that may occur at anytime during the testing process. 
• Clearly define "medical examinations" in accordance with federal law, include "psychological medical examinations," and specify that medical examinations may not occur until a conditional offer of employment has been made. 
• Clearly specify where in the process "medical examinations" may occur in relation to the written examination, when veteran's preference points are to be awarded, and how long eligibility lists may be in effect. 

It is important that Pennsylvania strike the proper balance in state statute to protect the rights of applicants for emergency responder jobs and ability of communities to perform proper pre-hiring screenings of candidates.

Bill to combat methamphetamine headed to governor

The Senate today gave final approval to legislation I co-sponsored to toughen penalties for those possessing ingredients to manufacture methamphetamine and operating a methamphetamine laboratory.  Senate Bill 125 also provides that those convicted of operating meth labs are also responsible for environmental clean-up costs associated with the labs.

The legislation amends the Controlled Substances Act to provide for the specific offenses of possessing ingredients to manufacture methamphetamine and operating a methamphetamine laboratory. It also increases penalties if the lab is operated near a school, day care center or playground.  The bill further provides for defendants to be assessed the environmental clean-up costs associated with methamphetamine laboratories.

Senate Bill 125 now moves to Governor Rendell for his signature and enactment into law.

Senate approves Bill on Community Fundraisers

The Senate unanimously approved legislation barring the state from citing groups that sell commonly prepared baked goods.

Senate Bill 828 is now headed to the state House of Representatives for consideration. The measure eliminates the ability of the Department of Agriculture to cite non-profit community groups such as volunteer fire companies, churches, and school booster clubs for selling home-baked food at fundraisers. 

Last year the Department of Agriculture cited a Beaver County church for selling homemade baked goods prepared by ladies of the church at a Lenten fish fry.

Legislation to impose court costs on defendants clears Senate

Senate Bill 1169, which would require defendants to repay their court costs, was unanimously approved by the Senate.

The basis for the legislation was a recent Commonwealth Court ruling involving Mark Spotz, who is on death row at a state correctional institution for a 1995 multi-county murder spree. Spotz filed suit against the Commonwealth for deducting 20 percent of the money coming into his inmate account to pay the costs of his prosecution.  He claimed that the trial court's sentencing order did not include any specific language assessing fines, costs or restitution.

Act 84 of 1998 provided for such deductions, but in their ruling on the Spotz case, the Commonwealth Court held that Act 84 required the court to specifically impose these costs through an order.  The Commonwealth Court further held that the inmate could potentially seek repayment of money already paid.

SB 1169 would statutorily establish a procedure for the imposition of costs. The bill now heads to the House of Representatives for consideration.

Committee backs bill helping veterans homes

The Senate Veterans Affairs and Emergency Preparedness Committee approved legislation I introduced  to alleviate the nursing shortage in Pennsylvania's six veterans' homes. Senate Bill 1076 would exempt direct care positions in veterans' homes operated by the Department of Military and Veterans Affairs (DMVA) from the Civil Service Act. 

This change in Civil Service status of veterans' home nurses would enable the facilities to make faster selections of personnel, place them in positions of service to our veterans more quickly, and hire individuals with the most current training and enthusiasm for new careers.

The facilities operated by DMVA include: the Delaware Valley Veterans Home in Philadelphia, the Hollidaysburg Veterans Home in Hollidaysburg, the Gino J. Merli Veterans Center in Scranton, the Pennsylvania Soldiers and Sailors Home in Erie, the Southeastern Veterans Center in Spring City, and the Southwestern Veterans Center in Pittsburgh.

Senate approves Meadville Armory sale

The Senate approved House Bill 1030, a measure allowing the state Department of General Services to sell by sealed bids or public auction the Meadville Armory.

Proceeds from the sale will be deposited in the State Treasury Armory Fund.

Bill would add MOAA to Veterans' panel

Furthering Pennsylvania's efforts to better serve its military veterans, the Senate approved Senate Bill 960, legislation I co-sponsored adding a representative of the Military Officers Association of America (MOAA) to the Pennsylvania State Veterans' Commission. The State Veterans' Commission is comprised of the major veterans' organization and offers advice to the state Adjutant General on veterans' issues. 

The Military Officers Association works on issues of importance to every veteran, on both the state and federal level, and will be a valuable voice on our State's Veterans' Commission. MOAA, organized in 1929, is an independent, nonprofit, politically nonpartisan organization, operated exclusively to benefit members of the uniformed services (officer and enlisted) active duty, former and retired, National Guard and Reserve -- and their families and survivors.  There are over 9,000 current members of MOAA in the 16 Chapters spread throughout the Commonwealth.

Contact:

Michael Hengst
(717) 787-1322

 

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