Pennsylvania Senate Republican News Brief

MOVING QUICKLY TO CLOSE A LOOPHOLE IN STATE LAW, the Senate next week is expected to consider House Bill 112, legislation requiring complete oversight of non-profit health company mergers.

The measure is a companion piece to Senate Bill 550, sponsored by Senate Banking and Insurance Committee Chairman Don White (R-Indiana) and approved by the Senate in March. The legislation is being considered as Independence Blue Cross (IBC) and Highmark Inc. work toward a merger.

The Senate is also expected to take up Senate Bill 729, sponsored by Senate Majority Leader Dominic Pileggi (R-Delaware). It would require the state Treasurer to post salary information for all officers and employees of the executive, legislative and judicial branches of state government on an official Internet website.

THE REFORM AGENDA FOR PENNSYLVANIA received a significant boost last week, when the Senate approved legislation increasing the fines for Sunshine Law violations.

Senate Bill 467 was introduced by Sen. Gib Armstrong (R-Lancaster) in February. The measure was based on a grand jury recommendation arising from an investigation into illegal actions by the Lancaster County Commissioners.

The new fine would be up to $1,000 for a first offense, and up to $2,000 for a subsequent offense. The bill also prohibits taxpayer money from being used to pay these fines. The bill was sent to the House of Representatives.

Senator Armstrong stated: “The Sunshine Law is one of the pillars of good government, guaranteeing the public the right to attend and participate in government meetings. Some notorious violations in different parts of the state proved that stronger enforcement provisions are needed to make the law more effective and bring more decision-making out of the shadows.”

THE SENATE STATE GOVERNMENT COMMITTEE met May 8 to consider several proposed amendments to the state Constitution covering the General Assembly.

Among the measures voted out of committee was Senate Bill 468, sponsored by Sen. Bob Regola (R-Westmoreland), to eliminate "lame duck" voting sessions -- voting that occurs after a general election and before the start of a new legislative session.

The panel also approved Senate Bill 248, sponsored by Sen. John Pippy (R-Allegheny), to reduce the Legislature by 20 percent, from 50 to 40 senatorial districts and from 203 to 161 representative districts. In order to ensure that the change would result in savings for taxpayers, a provision in the bill will require a corresponding reduction in the legislature's budget by 20 percent.

The committee also reported Senate Bill 822, sponsored by Sen. Jake Corman (R-Centre), which would change the succession process for Governor and Lieutenant Governor.

THE SENATE APPROVED LEGISLATION SPONSORED BY Senate Judiciary Committee Chairman Stewart Greenleaf (R-Montgomery) to shore up state law covering child testimony.

Senate Bill 699 was offered in response to a recent State Superior Court decision (Commonwealth v. Kriner) vacating a rape conviction on the grounds that the death of a child victim did not meet the unavailability standard of the "tender years hearsay exception law." The exception law allows a court to admit out-of-court statements by a child age 12 and under if the child is unavailable and the statements are determined by the court in a pre-trial hearing to meet standards of reliability and relevance.

To address the Superior Court decision, Senator Greenleaf's legislation would further define "unavailability" for the tender years hearsay exception to include death of the witness or the witness's then existing physical or mental illness or infirmity. The legislation essentially incorporates the definition of unavailability of a witness from Rule 804 of the Pennsylvania Rules of Evidence.

"It is unfortunate that the Legislature needs to pass legislation restating one of the state rules of evidence as it pertains to the tender years exception. But, if that is what needs to be done to ensure access to justice for children in the commonwealth, then it is important that it be done as soon as possible," Senator Greenleaf stated.

THE SENATE LABOR AND INDUSTRY COMMITTEE, chaired by Sen. John Gordner (R-Columbia), and the Senate Local Government Committee, chaired by Sen. Bob Regola (R-Westmoreland), held a joint public hearing on May 8 on the state Uniform Construction Code.

State officials, construction industry experts, and lawmakers agreed the UCC needs to be revised.

The hearing focused on several areas of concern about the code, including: uniformity of enforcement, fees, third party inspections, the impact on property owners, and the creation of a UCC review panel. (For more on the hearing, please see In the Spotlight)

THE SENATE APPROVED LEGISLATION May 8 updating Pennsylvania laws to reflect the wide use of vehicle airbags.

Senate Bill 537, sponsored by Senate Judiciary Committee Chairman Stewart Greenleaf (R-Montgomery), would make it illegal for any person to knowingly install or reinstall a fraudulent airbag on a vehicle. The bill defines a "fraudulent airbag" as any item or object, other than an airbag designed in accordance with federal safety regulations for the make, model and year of motor vehicle that is part of the inflatable restraint system for the motor vehicle.

A person who violates this provision would be guilty of a third-degree misdemeanor. The bill was sent to the House of Representatives for consideration.

Regarding the Uniform Construction Code, Senator Regola said: "Currently, Act 45 puts even relatively minor projects, such as erecting small decks or sheds, under the scrutiny of building inspectors and code enforcement officers. This is too much government intervention and only increases the costs for small businesses and residents in the community. Practically every member of the General Assembly has heard horror stories regarding the Act. Since it went into effect, the Act has been amended six times and additional amendments are currently being considered by the General Assembly."

Senator Gordner commended the Department of Labor and Industry for setting fees that are "reasonable and responsible" for the areas where they conduct code inspections. He said that is not always the case when Councils of Government hire third-party inspectors for the work. He told Department Secretary Stephen Schmerin: "The third party inspector is charging a fee and the Council of Government is imposing a surcharge, in some cases they are 40 percent higher than what you are charging."

National Police Week May 13-19

Number of federal, state and local law enforcement officers killed in the line of duty last year: 143
New total of names on National Law Enforcement Officers Memorial in Washington, D.C.: 17,917
Pennsylvania police officers killed in the line of duty: 687
Leading cause of death for police, nationally: traffic accidents (71)