Pennsylvania Senate Republican News Brief

"There is still much work to be done, including the development of 511 traveler information system and adding reverse 911 capabilities to better enhance communication with the public in emergency situations. We will be continuing to press for these and other improvements to our emergency management system in the months ahead."

-- Senate Veterans Affairs and Emergency Preparedness Committee Chair Lisa Baker (R-Luzerne), who co-chaired a hearing into Pennsylvania’s storm readiness on Oct. 30.

HEARINGS TO CONSIDER BUSINESS ATTRACTION, PUBLIC EMPLOYEE RETIREMENT SYSTEMS

The Senate Community Economic and Recreational Development Committee, chaired by Sen. Jane Earll (R-Erie), will hold a public hearing today to discuss efforts to increase business attraction, retention and expansion in Pennsylvania.

On Wednesday, the Senate Finance Committee, chaired by Sen. Pat Browne (R-Lehigh), will hold a public hearing on the Public Employees Retirement System and the State Employees Retirement System regarding divestment from companies doing business with state sponsors of terrorism.

The Special Session Committee on Energy Policy, chaired by Sen. Mary Jo White (R-Venango), will hold a public hearing Wednesday on Special Session Senate Bill 1, the Alternative Energy Investment Act, sponsored by Sen. White and Sen. Tommy Tomlinson (R-Bucks).

The legislation would invest $530 million over the next seven years in consumer energy programs, energy conservation, and the development of alternative and renewable energy.

COMMITTEE ACTS TO BOLSTER OPEN RECORDS LAW, REQUIRE STATE CONTRACTS POSTED ONLINE

Legislation to strengthen Pennsylvania’s Open Records Law was approved Oct. 29 by the Senate State Government Committee, chaired by Sen. Jeffrey Piccola (R-Dauphin).

Senate Bill 1, sponsored by Senate Majority Leader Dominic Pileggi (R-Delaware), was amended to change current law so that all records from executive agencies and local agencies are presumed to be open unless they fall under a specific exception established in law.

The bill includes exceptions so that certain records remain private, such as Social Security numbers, medical records, records that would threaten domestic security, and police investigative records.

A key provision in the amendment would require all state contracts, including contracts with the Legislature, to be posted online in a searchable database. The language, taken from Senate Bill 914, sponsored by Sen. Jake Corman (R-Centre), would offer the public unprecedented access to state spending decisions.

(For more open record requirements in Senate Bill 1, please see Fast Facts, below.)

Legislation to extend the MCARE program, which provides a financial safety net to help Pennsylvania's health care providers cover their medical malpractice insurance costs, was approved Oct. 30 by the Senate.

The MCARE (Medical Care Availability and Reduction of Error) program is set to end Dec. 31. Senate Bill 1137, sponsored by Senate Banking and Insurance Committee Chairman Don White (R-Indiana), extends it for one year and prepares for its eventual elimination. The five-year-old program helps physicians pay a portion of their medical malpractice insurance premiums.

Changes in the marketplace and the success of a reform package passed by the Legislature and enacted by Gov. Mark Schweiker in 2002 means Pennsylvania will likely be able to phase out the program in the foreseeable future, according to Sen. White. The bill was sent to the House of Representatives.

- Sen. White

- Sen. John Rafferty (R-Montgomery)

Legislation that would ensure funding of state hazardous sites cleanup efforts was approved by the Senate on Oct. 30.

Senate Bill 1100, sponsored by Senate Majority Leader Dominic Pileggi (R-Delaware) and Senate Environmental Resources and Energy Committee Chair Mary Jo White (R-Venango), would fund the Hazardous Sites Cleanup Act through 2010-11 without raising taxes.

Funding for HSCA, which finances cleanups at contaminated sites and the investigation of illegal hazardous waste disposals, was not included in the final state budget adopted by the General Assembly in July. The Department of Environmental Protection has indicated that the HSCA program will be shut down if a funding solution is not found.

The measure provides $17 million for HSCA through the 2007-08 fiscal year. It earmarks $40 million out of the state Capital Stock and Franchise Tax for the following three fiscal years. The bill does not affect the Senate GOP commitment to phase out this tax by the end of 2010. The bill was sent to the House of Representatives.

- Sen. White

- Sen. White (floor remarks)

The Senate approved legislation Oct. 29 that establishes a pretrial procedure to determine if a defendant in a capital penalty trial is a person with mental retardation.

The U.S. Supreme Court ruled in Atkins v. Virginia that applying the death penalty to persons with mental retardation is unconstitutional, and left it up to states to determine how to implement the decision. Senate Bill 751, sponsored by Sen. Mary Jo White (R-Venango), establishes a pretrial hearing by a judge to make the assessment.

Under Senate Bill 751, 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 court 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. The bill will be sent to the House of Representatives for consideration.

The Senate Transportation Committee, chaired by Sen. Roger Madigan (R-Bradford), and the Senate Veterans Affairs and Emergency Preparedness Committee, chaired by Sen. Lisa Baker (R-Luzerne), held a joint public hearing Oct. 30 to receive a status report on the Rendell administration’s implementation of recommendations to improve upon serious shortfalls in emergency response and transportation management made evident in the Valentine’s Day snowstorm earlier this year.

The recommendations were the result of a report issued by James Lee Witt Associates of Washington D.C. that evaluated the performance of the Pennsylvania Emergency Management Agency, State Police, Department of Transportation, and the National Guard during the February storm. The event stranded hundreds of motorists on I-78, I-81, and I-80 for up to 20 hours in sub-freezing temperatures.

The Senate Banking and Insurance Committee, chaired by Sen. Don White (R-Indiana), on Oct. 30 questioned the CEOs of Highmark Inc. and Independence Blue Cross (IBC) about the impact the pending merger of those companies would have on competition in the health care insurance market.

Addressing a contention by the two Blues officials that their companies are at a competitive disadvantage because they must cover higher-risk people that other companies won’t, Sen. Jake Corman (R-Centre) said the Blues' responsibilities weren't cutting into their market shares or their financial bottom line.

Sen. White also questioned the Blues contention that the merger was needed to address competitiveness issues. Currently, Highmark is the largest insurance provider in Pennsylvania with about 26.79 percent market share and Independence Blue Cross is the second largest with 26.49 percent of the market.

Under questioning from Sen. Bob Regola (R-Westmoreland), the Blues officials said the merged company would maintain dual headquarters in Pittsburgh and Philadelphia, but expected to cut 1,000 jobs from their combined payroll.

Several Senators questioned the “social mission spending” by the Blues and how it could be affected by the merger. Senator Corman and Sen. Bob Robbins (R-Mercer) expressed concerns about any deal making for the merger that resulted in Blues funding for the administration's socialized medical care proposals. Sen. Gib Armstrong (R-Lancaster) and others also raised concerns about the relationship between the Blues’ social spending and the tremendous amount of money that goes for advertising.

- Sen. Don White

- Sen. Corman

- Sen. Robbins

- Sen. Mary Jo White

- Hearing Part 1 Part 2 Part 3

The Witt Report offered stinging criticisms of Pennsylvania's emergency preparedness. “There is a remarkable lack of awareness and understanding of Pennsylvania's emergency management system, including the emergency alert levels, even among senior agency leaders,” the report cited.

Secretary of Transportation Allen Biehler, State Police Commissioner Jeffrey Miller and newly appointed PEMA director Robert French provided testimony regarding each agency's efforts to improve their readiness; technological and human resource enhancements; improved internal communications; expanded communications with the public, and the development of clearer interagency emergency operations plans.

Sen. Madigan said: "The agencies have been very active in addressing the problems revealed by last winter’s storms and subsequently in the Witt Report. I believe they have correctly focused their efforts on core areas such as communications and strategic readiness that were major culprits in the February storm event. Only time will tell us how well the plans can be implemented."

Sen. Baker said: "The Witt Report faulted the Commonwealth for not adopting emergency management as a core principle, and found a lack of awareness among all levels of the state's system. While the testimony given today demonstrates that the agencies have taken steps to improve planning and employee awareness of proper emergency management procedures, I think it is important that the administration conduct an independent after-action assessment to determine if the changes made accurately reflect the recommendations in the Witt Report."

GOVERNMENT REFORM: ADDITIONAL FEATURES OF SENATE BILL 1

Creates an Open Records Clearinghouse to provide information, training and advisory opinions on open records.
Requires agencies to accept email requests and cuts the response period for state agencies from 10 days to 5 days.
Improves the appeals process and increases penalties for noncompliance.
Requires all agencies to appoint an open records officer to specifically deal with requests.
Adds the Judicial branch's financial records to the law and clarifies that PHEAA is covered.