December 10, 2007

Pennsylvania Senate Republican News Brief

"Getting state government more deeply involved in health care does not seem the most productive remedy for what ails our system, nor are the tax increases needed to pay for it good for the economy.  Disrupting a program designed to retain and attract doctors is a very poor policy choice when we are deeply concerned about health care access and quality."

--  Senate Appropriations Committee Chairman Gib Armstrong (R-Lancaster) on the Rendell Administration’s plan to raid the state’s Medical Care Availability and Reduction of Error (MCARE) fund to pay for its universal health insurance program.

Preview

ALTERNATIVE ENERGY INVESTMENT, ANTI-SPYWARE MEASURES ON SENATE AGENDA

The Senate this week is expected to consider Special Session Senate Bill 1, sponsored by Sen. Tommy Tomlinson (R-Bucks) and Sen. Mary Jo White (R-Venango). The legislation would invest $650 million in consumer energy programs, energy conservation, and the development of alternative and renewable energy.

Senate Bill 711, sponsored by Sen. John Gordner (R-Columbia) to protect consumers from having "spyware" deceptively installed on their computers, may also come up for vote.

The Senate hopes to be able to send a strong Open Records bill, Senate Bill 1, to the governor if the House of Representatives considers the bill. The Senate passed the comprehensive reform measure on Nov. 28.

Review

SEN. DON WHITE: RAIDING THE MCARE FUND IS NOT A “HEALTHY" ANSWER

Sen. Don White (R-Indiana), chairman of the Senate Banking and Insurance Committee, issued the following statement in response to the governor’s plan to raid the state’s Medical Care Availability and Reduction of Error (MCARE) fund to pay for his universal health insurance proposal:

"It is very disappointing the governor continues to push his payroll tax on employers. It is an unacceptable and likely an unconstitutional tax. Even members of his own party have made it clear that the payroll tax was a ‘non-starter’ in the past and nothing presented today should change that.

"The MCARE surplus is the product of imposing excess health care costs which have ultimately been passed on to employers and individuals though increased health insurance premium costs. That $400 million is the amount that Pennsylvania's health care providers, our doctors and hospitals have been over assessed in paying for their state-mandated medical malpractice insurance coverage. The administration uses the term 'fair share' when talking about taxing employers to pay for the universal health care plan, but the true measure of fairness here would be to reduce the premium costs paid by the men, women and institutions that are on the front lines in providing health care services to all Pennsylvanians.

"Governor Rendell would do well to heed his own advice:  'We should consider projects, plans and initiatives on their own merits, not trade them off, you do this and we'll do this. That leads to bad legislation. We should consider things on their merits'" (Gov. Ed Rendell, Capitolwire.com, Aug. 23, 2007)

SENATE ACTS TO PROHIBIT GOVERNMENT INTRUSION INTO INTERNET TELEPHONE SERVICE

The Senate approved legislation Dec. 3 sponsored by Senate Communications and Technology Committee Chairman Rob Wonderling (R-Montgomery) preventing any state government agency from regulating Voice over Internet Protocol (VoIP).

VoIP allows telephone calls to be made via a broadband internet connection instead of a regular phone line. Use of VoIP services grew by more than 500 percent in the last two years.

Senate Bill 1000 would prohibit only the regulation of VoIP services, not landline services, but would continue, where applicable, payment of E-911 fees, Telecommunications Relay Service (TRS) fees, and Universal Service Fund fees by VoIP providers as well as the payment of any switched network access rates for interconnected-VoIP calls. (For more on the issue, please see In the Spotlight, below.)

SENATE APPROVES PRESCRIPTION DRUG HELP FOR VETERANS IN LONG-TERM CARE

Efforts by Sen. Gib Armstrong (R-Lancaster) to enable veterans residing in long-term care facilities to receive prescription drugs at a lower cost was approved Dec. 4 by the Senate.

Senate Bill 778 seeks to restructure the system so that the veterans in long-term care facilities are no longer denied the low-cost medications that veterans elsewhere receive. The revamped system would have the facility pharmacy – whether in-house or through an outside contract – receive bulk prescription drugs in the patient's name directly from the Veteran’s Administration, and then repackage the drugs so they can be dispensed in unit doses. This keeps down the cost to the patient.

Sen. Armstrong’s bill seeks to accomplish two things: clear away regulations that prevent the necessary cooperation between the federal and state levels of government and the private providers, and build in protection against errors in the process. The senator said the idea for the legislation came from veterans receiving care in his district.

Sen. Armstrong said: "The way it is set up currently is not fair to the affected veterans and is not defensible public policy. We should be doing all we can to make sure that our veterans receive the services to which they are entitled."

SENATE PASSES MEASURE TO UPDATE ALTERNATIVE ENERGY PORTFOLIO STANDARDS

The Senate approved legislation Dec. 5 that updates Pennsylvania’s alternative energy law to include biomass and low-impact hydropower energy resources.

Special Session Senate Bill 25, sponsored by Sen. Mike Waugh (R-York), was among eight energy bills recently passed by the Senate Special Session Committee on Energy Policies, chaired by Sen. Mary Jo White (R-Venango).

The measure corrects the exclusion of resources which were intended to be included with passage of the Alternative Energy Portfolio Standards Act of 2004. The resources were inadvertently omitted or nullified by subsequent Department of Environmental Protection and Public Utility Commission legal interpretations which failed to reflect the legislative intent of the law.

Special Session Senate Bill 25 incorporates provisions found in Special Session Senate Bill 31, sponsored by Sen. Don White (R-Indiana).  The bill also limits the resources clarified as part of Tier 1 sources to only those generated in Pennsylvania.  This provision is very similar to the underlying provision of the entire AEPS law which limits eligible resources within a defined geographic area and is similar to limitations found in other states with renewable portfolio standards.

It also directs the PUC to increase the existing Tier I percentages required under the AEPS law by an amount equal to those credits generated under the bill. Therefore, there is no negative impact on existing Tier 1 alternative energy resources.

Committee Chair White worked directly with affected wind and other renewable energy companies to find common ground on this important issue. The bill was sent to the House of Representatives for consideration.   

BILL TO PROHIBIT USING NAMES, IMAGES OF FALLEN SOLDIERS FOR PROFIT APPROVED BY SENATE

Legislation sponsored by Sen. Jane Orie (R-Allegheny) to protect the rights of families of soldiers who have died in Iraq by prohibiting the use of the name or likeness of a fallen soldier for commercial profit was approved by the Senate on Dec. 3.

Sen. Orie said the issue first came to light when an Oklahoma family discovered various materials being marketed on eBay bearing the image of their son who died in combat in Iraq.  A Flagstaff, Arizona, company that sells anti-war and anti-Bush bumper stickers via the Internet was distributing the T-shirts, which included the names and images of fallen soldiers, along with a super-imposed political message.

Similar legislation was enacted last year in Oklahoma and Louisiana to prohibit such conduct.  Legislation is also pending in numerous other states, as well as Congress.

Senate Bill 1125 would make it a misdemeanor to publish for commercial purposes a fallen soldier's name or image without the family's consent, and would preserve the family's right to file a civil suit to protect their privacy and attach any proceeds. The bill was sent to the House for consideration.

"Profiting from the very individuals who died for our security and protection is shameful. This measure will give military families recourse from this violation of privacy and decency."

SENATE BOLSTERS RIGHTS OF FOSTER PARENTS, OTHERS CARING FOR CHILDREN IN NEED

MORTGAGE REFORM BILLS APPROVED BY COMMITTEE

Four bills introduced by Sen. Pat Browne (R-Lehigh) targeting predatory and other questionable mortgage lending practices in Pennsylvania were approved by the Senate Banking and Insurance Committee on Dec. 4.

Sen. Browne introduced the bills based on the findings of a mortgage industry study mandated by House Resolution 364, which was adopted in 2003.  The resolution directed the Department of Banking to study residential lending practices in Pennsylvania, examine trends in foreclosures and document lending practices that are harmful to consumers.

Sen. Browne said: "There has been a tremendous amount of concern regarding the mortgage lending industry and its problems over the last several years. It is incumbent upon us to adjust our banking codes and other codes to try to better protect consumers in one of their most important decisions and that is taking on a mortgage to secure a primary residence."

 
(For a rundown of the bills approved Tuesday, please see Fast Facts, below.)

In the Spotlight

By the end of 2007, roughly 25 percent of the country will be VoIP-enabled with the VoIP market exceeding 10 million subscribers. Of that, cable providers account for approximately 71 percent of the market.

Increasingly, cable and telephone companies are offering VoIP as part of a package of services, including broadband, video, and telephone.

While the Federal Communications Commission (FCC) has barred states from imposing telecommunication regulations on VoIP-to-VoIP (computer to computer) calls, a recent Federal Court decision has left uncertain the authority of state regulatory agencies over calls that use Voice over Internet Protocol, but have to ultimately go over traditional telephone lines.

Sen. Wonderling said: "It is imperative that we do not subject new technologies to burdensome government regulations that stymie innovation and market-driven competition."
 

Fast Facts

Questions or Comments?

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

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