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July 31, 2007

Pennsylvania Senate Republican News Brief


"Seven taxes proposed.  Zero approved."

-- Senate Appropriations Committee Chairman Gib Armstrong (R-Lancaster) on Senate Republican rejection of more than $2.5 billion in tax increases proposed by Gov. Rendell.
Senator ArmstrongSenator Armstrong


Preview

OVERHAUL OF RIGHT-TO-KNOW LAW IS TOP FALL PRIORITY

THE SENATE RETURNS TO VOTING SESSION IN SEPTEMBER, with improvement of Pennsylvania's Right-to-Know Law a top priority for the fall session. 

Senate Majority Leader Dominic Pileggi (R-Delaware) introduced Senate Bill 1 earlier this year to strengthen and expand the law. Since introducing the bill, he has announced his support for changing the presumption in the current law so that all government records are presumed to be open unless they fall under a specific exception established in law.

Review

2007-08 BUDGET: SENATE GOP REJECTS GOVERNOR'S PROPOSED TAX INCREASES

PENNSYLVANIA TAXPAYERS WERE SPARED more than $2.5 billion in tax increases sought by the Rendell Administration this year. 

Under the 2007-08 state budget, all of Gov. Rendell's seven proposed tax increases were rejected, including a sales tax hike, an electricity tax, a payroll tax on job creators, and a tax on trash collection. In addition, Republicans insisted that about $160 million be added to the state's Rainy Day Fund in the event of unforeseen fiscal issues in 2007-08. 

While the administration sought to link passage of the budget to the approval of Gov. Rendell's energy legislative package, Republicans successfully argued that the issues should be considered separately. 

The $27.178 billion spending plan represents a modest 3.3 percent increase over the final 2006-07 budget. In addition, $317.5 million of funding for mass transit was moved into a dedicated fund. If you include this amount in the spending level, the total is $27.495 billion, which represents a growth rate of 4.5 percent over the final 2006-07 budget. 

"We have made a good start on controlling state spending, and it is clear that we have more work to do next year," said Senate Appropriations Committee Chairman Gib Armstrong (R-Lancaster).  

(For more on the budget, please see In the Spotlight and Fast Facts, below.)

Senator PileggiSenator Pileggi- Senator Pileggi
Senator ArmstrongSenator Armstrong- Senator Armstrong
Senator Corman- Senator Corman
Senator Gordner- Senator Gordner
Senator Robbins- Senator Robbins

SENATE APPROVES PLAN TO REDUCE HEALTH CARE-ASSOCIATED INFECTIONS  

LEGISLATION DESIGNED TO REDUCE the number of health care‑associated infections was approved by the Senate and signed into law. 

Act 52 of 2007, sponsored by Senate Public Health and Welfare Committee Chairman Ted Erickson (R-Delaware), will establish the roles of state government and health care facilities in reducing the incidence of infections. 

The Centers for Disease Control and Prevention estimates that health care-associated infections affect two million patients a year, with more than 100,000 dying from bacteria that are increasingly resistant to common antibiotics. The estimated average additional cost for patients with an HAI is $8,832. 

Act 52 requires that all health care facilities, including hospitals, nursing homes and ambulatory surgical facilities implement infection control plans, and provide for incentive payments for health care facilities that reduce HAIs.  The federal Centers for Disease Control and Prevention's National Healthcare Safety Network internet-based surveillance system will be the primary means for hospitals to report health care‑associated infections.
Senator Erickson

SENATE ESTABLISHES LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES

ASSISTED LIVING FACILITIES WILL BE LICENSED under legislation approved by the Senate and sent to the governor. 

Senate Bill 704, sponsored by Senate Aging and Youth Committee Chair Pat Vance (R-Cumberland), defines assisted living residences and the services that may be offered.  It sets minimal standards for the regulation of the industry by the Department of Public Welfare and supports the general philosophy that individuals should be permitted to remain in a home-like atmosphere of their choice for as long as possible. 

Although many personal care homes often refer to themselves as assisted living facilities, there currently is no official licensure category for this type of care. By creating this type of license, citizens will be able to determine what kind of services to expect and whether the setting will address their needs.
Senator Vance

SENATE ACTS TO PUT PERSONAL CARE HOME INFO ON THE WEB

THE LICENSURE STATUS OF FACILITIES CARING FOR THE ELDERLY and disabled will be available via the Internet under legislation approved by the Senate. 

The state Department of Public Welfare disclosed earlier this year that 73 percent of personal care homes in the state have not been inspected on time. 

Senate Bill 811, sponsored by Senate Aging and Youth Committee Chair Pat Vance (R-Cumberland), would require the creation of a website with licensing and certification information on nursing homes, personal care homes and domiciliary care homes. The data would include information on violations of statute or regulation by the facility and any corrective action taken. 

"Although the Department of Public Welfare is working to improve its inspection timetable for personal care homes, families have a right to know if their loved one is in a facility without a current inspection," Senator Vance said. The bill was sent to the House of Representatives.
Senator Pat VanceSenator Pat Vance Video 

MEASURE SEPARATING STATE, FEDERAL JUDICIAL SALARIES BECOMES LAW

LEGISLATION THAT WOULD ELIMINATE THE TIE-IN between federal judicial salaries and those of Commonwealth judges was signed into law. 

Act 30 of 2007 was amended to include language from Senate Bill 44, introduced by Senate State Government Committee Chairman Jeffrey Piccola (R-Dauphin) in response to a Pennsylvania Supreme Court ruling last year that partly reinstated a pay raise repealed by legislators. 

The ruling said only judges should receive the raise, not the legislators or other government employees who originally qualified.  The court found the repeal law violated the constitutional provision that prohibits the reduction of compensation during a judge's term in office.  As a result, the repealed 2005 pay raise remains in effect for judges, tying their salaries to their federal counterparts. 

The new law includes a provision to raise judicial salaries by $1, bolstering its chances of withstanding a court challenge.

SENATE APPROVES MEASURE TO HELP CANCER PATIENTS ACCESS MEDICINES

THE SENATE PASSED LEGISLATION TO ESTABLISH a cancer drug repository in Pennsylvania, helping uninsured patients and those in need to gain access to safe, unused cancer medications. 

Under Senate Bill 638, sponsored by Sen. Rob Wonderling (R-Montgomery), cancer patients who are uninsured or underinsured could access these medications through a network of participating pharmacies and medical clinics. 

The American Cancer Society has stated that unused cancer medication is a valuable resource for low-income patients.  Under Sen. Wonderling's legislation, a health care facility, health clinic, hospital, pharmacy or physician's office could return unused drugs.  Only medications in their original, sealed, and tamper-resistant packaging would be accepted and dispensed. The bill was sent to the House of Representatives.
Senator Wonderling AudioSenator Wonderling Audio

SENATE EXTENDS SUNSHINE LAW COVERAGE TO PANEL OVERSEEING MEDICAID DRUGS

LEGISLATION THAT EXTENDS SUNSHINE LAW COVERAGE to the committee overseeing drugs for Medical Assistance recipients has been signed into law.

Senate Public Health and Welfare Committee Chairman Ted Erickson (R-Delaware) added an amendment to House Bill 1367, now Act 16 of 2007, to require the Pharmaceutical and Therapeutics Committee in the Department of Public Welfare to conduct its meetings in accordance with the state Sunshine Act.  As a result, all meetings of that committee, including those at which votes are taken, must be open to the public, with advance public notice.

The Pharmaceutical and Therapeutics Committee, whose members are selected by the Pennsylvania Department of Public Welfare, reviews and makes recommendations on which drugs will be available to Medical Assistance recipients. These recommendations can have dramatic consequences both for the health of patients and the cost to taxpayers.

SENATE VOTES TO BAN "LAME DUCK" VOTING SESSIONS

TAKING ANOTHER STEP TOWARD LEGISLATIVE REFORM in Pennsylvania, the Senate approved a measure introduced by Sen. Bob Regola (R-Westmoreland) calling for a constitutional amendment to eliminate "lame duck" voting sessions -- voting that occurs after a general election and before the start of a new legislative session.

As an amendment to the state Constitution, Senate Bill 468 must be approved in two separate legislative sessions and by the voters as a referendum.

Senator Regola said: "In the past, lame duck sessions have been used to consider and vote on volatile or unpopular issues such as tax increases, state borrowing or pay raises.  This must stop."
Senator Regola VideoSenator Regola Audio

SENATE MAKES CONSOLIDATED STATUTES INTERNET-ACCESSIBLE

AS PART OF ITS EFFORT TO MAKE STATE GOVERNMENT MORE TRANSPARENT, the Senate changed its rules to require the placement of the acts and statutes of the Pennsylvania state legislature on the Internet.

Sen. Jake Corman (R-Centre) introduced legislation in the current (SB 422) and past legislative sessions that would require the Legislative Data Processing Committee to place Pennsylvania statutes on its website and make them available to the public.

As of July 13, Pennsylvania's consolidated statutes can be searched under "Law Information." Senator Corman

SENATE VOTES TO EXPAND SCOPE OF PRACTICE, PROVIDE HEALTH CARE FLEXIBILITY

THE SENATE APPROVED A PACKAGE OF BILLS designed to lower health care costs by giving health care facilities more flexibility in staffing.

The bills were previously approved by the Senate Consumer Affairs and Professional Licensure Committee, chaired by Sen. Tommy Tomlinson (R-Bucks). All of the changes include patient protections. 

Act 46 of 2007 increases the number of physician assistants that may be supervised by a physician from 2 to 4.
Act 47 of 2007 does the same as House Bill 1251, for osteopathic facilities.
Act 48 of 2007 allows certified nurse practitioners to order certain equipment and care, make referrals for certain types of therapy and dietitian referrals, and other functions.
Act 49 of 2007 requires clinical nurse specialists to maintain professional liability coverage under MCARE as a nonparticipating health care provider and specifies that they may not participate in the MCARE fund.
Act 50 of 2007 authorizes nurse-midwives to prescribe, dispense, order and administer specific drugs.

LEGISLATION TO IMPROVE ACCESS TO DENTAL CARE PASSED BY SENATE

THE SENATE APPROVED A NEW LAW sponsored by Sen. Pat Vance (R-Cumberland) to address the needs of those without access to routine, preventive dental services. 

The senator noted that the Commonwealth currently requires professional dental services to be delivered by or under the supervision of a dentist. This becomes a barrier for low income individuals to address their dental needs.  There is an acute shortage of dentists willing to treat individuals on Medical Assistance and as a result, these individuals often only receive dental care when it is absolutely necessary.

Act 51 of 2007 allows public health dental hygiene practitioners to provide services within their current scope of practice, in specified institutions such as nursing homes, schools, mobile dental units and correctional facilities without the supervision of a dentist. The dental hygiene practitioner would have to be certified by the State Board of Dentistry as having completed 3,600 hours of practice under the supervision of a licensed dentist and have a malpractice policy.
Senator Vance

SENATE PROHIBITS TAXPAYER-FUNDED AUTOMATED CALLS

THE SENATE APPROVED A RESOLUTION ensuring that public funds appropriated to the Senate will not be used to pay for automated telephone calls, also known as robo-calls. 

Senate Resolution 153, sponsored by Senate Majority Leader Dominic Pileggi (R-Delaware), prohibits the use of funds appropriated to the Senate to pay or reimburse for costs associated with the use of automatic dialing-announcing devices.
 

In the Spotlight

IF NOT OPPOSED BY THE SENATE, the governor's proposed tax increases would have cost each Pennsylvania family of four nearly $800 annually. 

  • Sales Tax Increase ($1.4 billion)
  • Oil Company Gross Profits Tax  ($760 million)
  • Health Plan Tax ($60.4 million)
  • Municipal Solid Waste Fees ($46 million)
  • Energy Use Tax ($75 million)
  • Cigarette Tax ($49.7 million)
  • Cigar/Loose Tobacco Tax ($27.8 million) 

The budget funds the Resource Enhancement and Protection Act (REAP) to support conservation measures on Pennsylvania farms by providing transferable state tax credits to farmers who plan and implement highly effective conservation practices.

The education budget was increased by $6.2 percent – almost twice as much as overall spending, with basic education seeing a $167 million increase. The Senate plan restored $5.3 million in biotech research.

Fast Facts

STATE BUDGET ENACTMENT DATES: 10-YEAR HISTORY* 

1997 May 6 (Gov. Ridge)
1998 April 22 (Gov. Ridge)
1999 May 5 (Gov. Ridge)
2000 May 24 (Gov. Ridge)
2001 June 22 (Gov. Ridge)
2002 June 29 (Gov. Schweiker)
2003 Dec. 23 (Gov. Rendell)
2004 July 4 (Gov. Rendell)
2005 July 7 (Gov. Rendell)
2006 July 2 (Gov. Rendell)
2007 July 17 (Gov. Rendell)

* Fiscal Year Begins July 1

Questions or Comments?

Contact the Senate Republican Communications Office or call 717-787-6725.

 

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