The following reports are prepared by PA Legislative Services for PFSC.  They may be forwarded as long as both PFSC & PLS are given credit.
 
DIBERARDINIS, MCGINTY CONFIRMED
Secretary DiBerardinis received a reconfirmation vote in the Senate today, with an approval of 44-4 and Senators Piccola, Eichelberger, Folmer, and Washington voting in the negative. Secretary McGinty received a reconfirmation vote in the Senate today, with an approval of 42-6 and Senators Piccola, Eichelberger, Folmer, Washington, Mary Jo White, and Connie Williams voting in the negative.
 
Committee Reports:
 
5-9-07
 
The House Game and Fisheries Committee met 5-9-07 to consider seven bills.
 
HB 1214 Surra - (PN 1474) Amends Title 34 (Game) further providing for organization of the PA Game Commission by stating that the terms of the members of the Commission would be changed from eight years to four years and the time served by a member of the Commission appointed to fill a vacancy would be decreased from four to two years. - The bill was unanimously reported as committed.
 
HB 1116 Kortz - (PN 1345) Amends Title 34 (Game) by stating that the commission would make available gift vouchers that may be purchased on behalf of a third party. The gift voucher would be on a form designed by the commission and made available to all issuing agents. The gift voucher may only be redeemed for the class of license indicated on the gift voucher and for which the applicable fee has been paid by the gift voucher purchaser. Gift vouchers would only be redeemable for a period of one year from the date of issuance and would be issued only for certain classes of licenses. The bill also provides for obtaining a refund for a gift voucher. - The bill was passed over.
 
HB 1078 Hanna - (PN 1313) Amends Title 34 (Game) providing authority for deterrent fences for deer, bear, and elk. The bill adds a section allowing for payment of claims for damages by certain elk within or outside of areas protected by elk deterrent fences. All claims of damages would be investigated within 24 hours of receipt of the damage claim and payment would come from the Elk Damage Fund. The amendment further provides penalties for unlawful or fraudulent claim. - The bill was unanimously reported as committed.
 
Rep. Mike Hanna (D-Clinton), the prime sponsor of the bill, commented that the reason Elk Damage Fund gets its monies from the General Fund is that PA's elk population is a resource to non-hunters as well as sportsmen because of the tourist trade.
 
HR 193 Haluska - (PN 1236) Resolution directing the Legislative Budget and Finance Committee to study the fiscal impact of future increased value of the assets of the Pennsylvania Game Commission in relation to the cost of licenses issued by the Pennsylvania Game Commission. - The resolution was unanimously reported as committed.
 
Rep. Anthony DeLuca (D-Allegheny) commented that he supports both resolutions calling for studies by the Legislative Budget and Finance Committee (LBFC) as his experience with the groups is very positive. He said the LBFC staff is excellent and they will provide the Committee with an informative and unbiased report on the two issues.
 
HR 268 Rohrer - (PN 1523) Resolution directing the Legislative Budget and Finance Committee to contract for an independent study of the Pennsylvania Game Commission's forestry and mineral development policies. - The resolution was unanimously reported as committed.
 
Chairman Edward Staback (D-Lackawanna) noted that the Committee attempted to marry the two resolutions together but it was decided that each had a very different purpose.
 
Minority Chairman Sam Rohrer (R-Berks) explained that the goal of his resolution is to find the best balance between maximizing revenue potential for the PA Game Commission while ensuring that it remain within the limits of its mission to manage wildlife.
 
HB 948 Rohrer - (PN 1114) Amends Title 30 (Fish) providing for license vouchers by stating that the commission would make available through its issuing agents vouchers that may be purchased on behalf of a third party. The voucher would be on a form designed by the commission and made available to all issuing agents. The voucher may only be redeemed for the class of license or permit indicated on the voucher and for which the applicable fee has been paid by the voucher purchaser. Vouchers would be redeemable prior to their expiration date. The bill also provides for fees for vouchers, places of redemption and restrictions. - The bill was unanimously reported as amended.
 
A00622, by Rohrer, replaces the current language to allow the gift voucher program to work with the Point-of-Sales system and permits the PA Fish and Boat Commission to write regulations as needed. The amendment was unanimously adopted
 
HB 69 Keller, M - (PN 93) Amends Title 34 (Game) defining "mounted specimen" as any game or wildlife, or any portion or part thereof, prepared, preserved, arranged, set up or posed in a life-like position or some other form of display. The bill also provides for buying and selling game by stating that the section would not be construed to prevent: (1) the purchase or sale of game raised under the authority of a propagating permit in PA, (2) the capture and sale of game or wildlife after securing a permit from the director and payment of any fees, (3) the sale of the tanned, cured or mounted heads or skins, or parts thereof, of any game or wildlife not killed in a wild in PA, (4) the sale or purchase of any inedible part from game or wildlife lawfully killed, if the parts are disposed of by the original owner within 90 days after the close of the season, and (5) the sale of mounted specimens by any licensed auctioneer. - The bill was unanimously reported as committed.
 
Report prepared by Peter G. Trufahnestock, PLS 
 
 
5-8-07
 
The HOUSE APPROPRIATIONS COMMITTEE met 5-8-07 to consider
 
HB 13 Readshaw - (PN 1447), which amends "An act encouraging landowners to make land and water areas available to the public for recreational purposes by limiting liability in connection therewith and repealing certain acts" by stating that an owner of land who either directly or indirectly invites or permits any person to use his property for recreational purposes does not assume responsibility for or incur liability for any injury to persons or property caused while hunting. (Prior Printer Number: 38, 1439) - The bill was unanimously reported as amended by A00593 (Keller), which is a technical amendment clarifying the relation of the bill to particular definitions.
 
The Senate Judiciary Committee met 5-8-07 to consider several bills.
SB 221 Stack - (PN 258) Amends Title 18 (Crimes and Offenses) further providing for the offense of firearms not to be carried without a license and for license to carry firearm. Under the bill, a license to carry a firearm would be extended for 90 days after the end of deployment for a member of the United States Armed Forces or the Pennsylvania National Guard on Federal active duty and deployed overseas - The bill was unanimously reported as committed.
 
The Senate State Government Committee met 5-8-07 to consider seven bills.
Chairman Jeffrey Piccola (R-Dauphin) began the meeting by responding to a letter he said that Common Cause had sent to Committee members stating that the legislature needs to slow down this process. Chairman Piccola reminded everyone that today's meeting was "sun shined" two weeks ago and that the issues scheduled to be discussed are not new ones.
He then reminded everyone that the schedule for constitutional amendments is abbreviated and that these bills have to go through the process by August of 2008 if they are going to have a chance to be fully considered.
Chairman Piccola then acknowledged that two bills on the agenda merit further study and will be the subject of a future public hearing. He withdrew both bills from the agenda.
SB 137 Rhoades - (PN 182) Joint Resolution proposing an amendment to the PA Constitution authorizing the use of the initiative and referendum as powers reserved to the people. The legislation states that the initiative is the power of the electors to propose statutes and amendments to the Constitution and to adopt or reject them. An initiative measure may be proposed by presenting to the Secretary of the Commonwealth a petition that sets forth the text of the proposed statute or amendment to the Constitution and has been signed by registered electors equal in number to 8%, in the case of the statute, or 10%, in the case of an amendment to the Constitution, of the votes for all candidates for Governor at the last gubernatorial election. The measure would then be submitted to the voters at the next election held. Additionally, the legislation states that the referendum is the power of the electors to approve or reject statutes or parts of statutes except urgency statutes or statutes calling elections. A referendum measure may be proposed by presenting to the Secretary of the Commonwealth, within 120 days after the enactment date of the statute, a petition certified to have been signed by registered electors equal in number to 8% of the votes for all candidates for Governor at the last gubernatorial election asking that the statute or part of it be submitted to the electors. The measure would be submitted to the voters at the next election. - The bill was withdrawn.
SB 346 Boscola - (PN 382) Joint Resolution proposing an amendment to the PA Constitution providing for a Legislative and Congressional Reapportionment Bureau for the purpose of reapportioning and redistricting Pennsylvania. - The bill was withdrawn.
SB 468 Regola - (PN 513) Joint Resolution proposing an amendment to the PA Constitution by adding a provision prohibiting the General Assembly from convening a voting session between the first Tuesday after the first Monday in November (Election Day) through November 30 in any even-numbered year. This legislation would effectively eliminate lame-duck sessions. - The bill was unanimously reported as committed.
Senator Bob Regola (R-Westmoreland) stated that he ran for office on a platform of reform and that as part of this he pledged to end "lame duck" sessions. He recalled how tax increases, pay raises and borrowing have all occurred in past lame duck sessions.
Senator Jake Corman (R-Centre) commented that last year the legislature met for only a few days during the "lame duck" session yet everything was fine without pushing a lot of legislation through. He said it is time to get rid of "lame duck" sessions.
Minority Chairman Anthony Williams (D-Philadelphia) wondered what would happen if the legislature needed to pass emergency legislation during this time period. Senator Regola said he would be happy to work on language that would more clearly define these types of emergency situations.
Senator Michael Brubaker (R-Lancaster) expressed his strong support for the bill.
SB 69 O'Pake - (PN 91) Joint Resolution proposing an amendment to the PA Constitution further providing for the Legislative Reapportionment Commission by renaming it the "Decennial Reapportionment Commission" and by requiring the committee to file a preliminary reapportionment plan for the General Assembly within 90 days after the census data is available. Preliminary reapportionment plans for Congress would be required to be filed within 30 days after the General Assembly preliminary reapportionment plans are filed. - The bill was unanimously reported as committed.
Senator Michael O'Pake (D-Berks) congratulated the Chairman for his bi- partisan work with the Committee. He then told the Committee that this bill will, in the spirit of transparency, deal with Congressional reapportionment the same way that state reapportionment is handled.
Senator Corman wondered if voting on this bill is premature given the fact that Senate Bill 346 dealing with state reapportionment was just withdrawn for further study. He asked if the Chairman would consider withdrawing this bill as well. Chairman Piccola replied that he views these bills as two separate issues in the sense that there is no guarantee that Senate Bill 346 will pass and that the legislation currently under consideration will make it so that the federal reapportionment process mirrors whatever the current state process is at the time.
Minority Chairman Williams expressed his agreement with Chairman Piccola on the issue.
Senator Corman told the Committee that he will not make a formal motion to withdraw the bill.
SB 248 Pippy - (PN 284) Joint Resolution proposing an amendment to the PA Constitution reducing the size of State Senate to 40 districts and the State House of Representatives to 161 districts. - The bill was reported as committed with Senators Vincent Hughes (D-Philadelphia), Christine Tartaglione (D-Philadelphia) and Minority Chairman Williams voting in the negative.
Minority Chairman Williams asked where the numbers in this bill came from. He stated that while he has heard that this bill should be passed for fiscal reasons, he is concerned that reducing the size of the legislature will merely enlarge the number of constituents that a legislator represents and will end up making legislators less connected to their constituents and their needs. Minority Chairman Williams related how it was difficult for him to adjust to the additional constituents when he moved from the House to the Senate even given his relatively compact Senatorial district and worried that decreasing the size of the legislature could have an even more chilling impact on legislators that represent more rural areas. Additionally, he argued that there is a large amount of turnover that already occurs with both the House and Senate witnessing turnover rates of more than 70% over a 16 year period. He cautioned that once voters realize that a smaller legislature means less representation, then they will be against the issue.
Senator Terry Punt (R-Franklin) suggested that this is a "feel good bill" that really does not change anything associated with the system or process of government. He then recalled that 10 or 12 years ago he offered legislation that he said would be real reform which is changing PA's legislature into a unicameral legislature like Nebraska. He closed by stating he will support this bill to keep the process moving but does not know what he'll do on the floor.
Senator Joseph Scarnati (R-Jefferson) informed the Committee that last session the Senate Republican Policy Committee had a hearing in Pittsburgh on this issue and that a wide spectrum of groups all raised various concerns with the idea. He too agreed to vote to move the process along but said that he is not sold on the idea that this will have a profound impact.
Senator Folmer stressed that he ran for office on a reform platform to reestablish people's trust of the government. He acknowledged, however, that of all of the bills under consideration, this is his least favorite. Senator Folmer suggested that the bill should be voted out to move it along the process.
Senator Williams encourage all of the Democrats on the Committee to support the bill in order to move the process forward but stated that he will vote against the bill.
Senator Charles McIlhinney (R-Bucks) commented that a bill like this, while not good for the state as a whole, could end up having a beneficial impact in areas like the Southeast where legislators will gain a larger constituent base.
Senator Brubaker said he is also in favor of extending the conversation on this issue.
SB 814 Eichelberger - (PN 926) Joint Resolution proposing an amendment to the PA that states "No member of the General Assembly shall serve more than a total of eight years in the Senate and a total of eight years in the House of Representatives over the course of their lifetime." - The bill failed with Chairman Piccola and Senator Folmer voting in the affirmative.
Senator John Eichelberger (R-Blair) said that he is open to amendments to this bill and that the Governor is on board with a term limits bill. He stressed that it will not impact current legislators.
He lamented that PA currently has a system that is setup to protect incumbents by allowing them to do such things as sending out letters at tax payer expense.
Senator Punt stated that while he fully understands the Senator's rational behind introducing this bill, he philosophically opposes it. He stressed that PA already has term limits in the form of voters on Election Day. Saying that this is what Democracy is all about, Senator Punt feared that if imposed, term limits could result in a government run by the bureaucracy and special interest groups. He then reminded Senator Eichelberger that he just defeated an incumbent, which makes him proof that term limits decided by voters on Election Day work.
Senator McIlhinney stated he sees no real benefit that incumbents have over those seeking office as evidenced over the last few years. He related that the Governor's own statements that experienced staff can run government in the absence of experienced legislators worries him because staff are not accountable to the people, legislators are the ones accountable through elections.
Minority Chairman Williams wondered where from the Senator derived his motivation for this bill. Senator Eichelberger replied that he introduced this bill for philosophical reasons and added that incumbents become detached from the people they represent and often abuse their power.
Minority Chairman Williams asked if this is an attempt to keep people from acquiring influence. Senator Eichelberger said that he believes the bill is the first step and that committee chairmanships and leadership positions should be rotated as well.
Minority Chairman Williams reminded the Senator that the Senate witnessed a 48% turnover over an eight year period. Senator Eichelberger replied that while this may be the case, there are still a lot of long term members in the legislature.
Minority Chairman Williams then wondered why a problem that seeks to address a minority of the members should be dealt with in a way that impacts a majority of the members. He analogized it to the gun control issue where some are reluctant to take actions to address a problem in Philadelphia by enacting laws that will impact all Pennsylvanians. Senator Eichelberger replied that some members see the allure of staying in office a long time and said "power corrupts and absolute power corrupts absolutely." Minority Chairman Williams quickly replied that he does not want to hear quotes but substantive arguments and that from what he can see, there are a lot of people in the Senator's district that received a lot of money from the previous incumbent. He stressed the issue of character has to do with the individual person and not how long they serve as a legislator.
Asked if he would consider term limits for PA Supreme Court Justices, Senator Eichelberger said he could support that.
Senator Folmer stated that he had discussed a plan during his election calling for 12 year term limits. He reminded everyone that the Executive Branch already has term limits and that while voters can vote people out of office, the problem becomes human nature when people are in office. He closed, stating that in the spirit of openness, he recommends that the Committee move the issue forward.
Senator Hughes stressed the Executive Branch has term limits because the Governor controls offices and the hiring and firing of large numbers of people. He wondered what would happen in a case where constituents came to love their elected official only to have their desire to reelect that person stripped away because of a term limit. He stressed that democracy through the voting process is one of the things that our founding fathers got right. He also said he doesn't have a problem with the Senate having a great communications system in place for members because his constituents want to know what is going on.
Senator Eichelberger replied that while he has thousands of ideas, after being here for 25 or 30 years he wonders how many ideas he would have left. He said he doesn't think that glossy photographs of members standing along side of Boy Scouts are news worthy for newsletters sent out at taxpayer expenses. Senator Hughes retorted that if members choose to send out "puff pieces" then that is their choice but he believes that most send out substantive pieces that tell constituents how they can get information from and access state government.
Senator Brubaker applauded Senator Eichelberger for bringing up this issue and stated that while he will be voting no on the issue, he is interested in working to address problems that arise through a system that does not have term limits.
SB 822 Corman - (PN 956) Joint Resolution proposing integrated amendments to the PA Constitution further providing for disqualification to hold other office. The bill also provides that in case of vacancy in the office of the Lieutenant Governor, the Governor would appoint a Lieutenant Governor who would take office upon confirmation by a majority vote of the Senate and would serve for the remainder of the term. The bill provides for instances where the Governor appoints any member of the Senate or House of Representatives to serve as Lieutenant Governor. If, by reason of death, resignation, removal from office, inability or failure to qualify, there is neither a Governor nor Lieutenant Governor to discharge the powers and duties of the office of Governor, then the President Pro Tempore of the Senate would become Governor for the remainder of the term. - The bill was unanimously reported as committed.
Eric A. Failing, PLS