Senator Dominic F. Pileggi: Senate News Brief

"At a time when consumers are being hit hardest at the gas pump by ever-increasing prices, the last thing the administration needs to do is to increase this burden by imposing any increase in Pennsylvania's gas tax."

-- Senate Banking and Insurance Committee Chairman Don White (R-Indiana) following the governor's recall of a plan to impose an additional tax on gasoline to finance the Underground Storage Tank Indemnification Fund.

The Senate this week is expected to consider legislation that would invest $650 million in consumer energy programs, energy conservation, and the development of alternative and renewable energy.

Special Session Senate Bill 1, sponsored by Sen. Tommy Tomlinson (R-Bucks) and Sen. Mary Jo White (R-Venango), provides funding for grants and loans to projects geared at improving energy supply and efficiency, increasing conservation and reducing demand for energy – with no tax increases.

The Senate could also consider Senate Bill 1000, sponsored by Sen. Rob Wonderling (R-Montgomery), to prevent any state government agency from regulating Voice over Internet Protocol (VoIP), and Senate Bill 1125, sponsored by Sen. Jane Orie (R-Allegheny) prohibiting the use of the name or likeness of a fallen soldier for commercial profit.

The Senate Banking and Insurance Committee, chaired by Sen. Don White (R-Indiana), will meet Tuesday to consider four mortgage reform bills.

Introduced by Sen. Pat Browne (R-Lehigh), Senate Bills 483, 484, 487 and 488 were developed by the Department of Banking after a study of residential lending, trends in foreclosures, and document lending practices in Pennsylvania that are harmful to consumers. The measures would create new categories of licenses for mortgage originators, and provide public access to information on fines levied against licensees. (See also: "Closer Monitoring of Mortgage Foreclosures Approved By Committee," below.)

Pennsylvanians will have greater and easier access to government records under legislation approved Wednesday by the Senate.

Senate Bill 1, sponsored by Senate Majority Leader Dominic Pileggi (R-Delaware), would revamp and strengthen the state's Open Records Law, which has not been significantly changed since it was passed in 1957.

The legislation would make a key change in the current law by adding a "presumption" that all records from Commonwealth agencies and local agencies are public unless they fall under a specific exception established in the law. Currently, most government records are presumed to be not open to the public unless proven otherwise.

Sen. Pileggi said: "Pennsylvania needs a stronger Open Records Law because openness builds trust in government. Transparency gives the public the ability to review government actions – to understand what government does, to see when government performs well and when government should be held accountable."

(For more on expansion of the state Open Records Law, please see In the Spotlight and Fast Facts, below.)

- Sen. Pileggi
- Sen. Gib Armstrong (R-Lancaster)
- Sen. Mike Brubaker (R-Lancaster)
- Sen. Lisa Baker (R-Luzerne)
- Sen. Ted Erickson (R-Delaware)
- Sen. Mike Folmer (R-Lebanon)
- Sen. Pat Vance (R-Cumberland)

Following the announcement that the Senate Banking and Insurance Committee planned to hold hearings on the plan, the Rendell Administration last week revoked its plan to add a new tax burden on the cost of gasoline in Pennsylvania.

"The severity of the fiscal crisis facing the USTIF fund is not completely clear, but in any event the potential deficit is something that could occur many years in the future. Even a study commissioned by the USTIF board states '…no change in fees is necessary as the projection shows USTIF having positive Cash and Invested Assets through the middle of the July 1, 2015-2016 fiscal year.' I am glad the governor has reversed his administration's stance and made the right decision."

The proposed fee increase by the Rendell Administration equated to over $50 million in increased gas taxes that would be paid by motorists annually.

The Senate Special Session Committee on Energy Policies approved eight bills Tuesday, advancing several energy issues in the Senate.

The committee, chaired by Sen. Mary Jo White (R-Venango), approved the following bills:

The committee also passed a measure that would establish a Sales Tax Holiday for the purchase of energy-saving materials.

Sen. White said: "We're committed to making this a productive special session, and moving these bills forward will allow for broad review, discussion and debate in the full Senate."

- Sen. Mary Jo White

- Sen. Erickson

- Sen. Wonderling

- Senate Special Session Committee Meeting

Legislation that would provide closer monitoring of mortgage foreclosures across Pennsylvania was approved Wednesday by the Senate Urban Affairs and Housing Committee, chaired by Sen. John Pippy (R-Allegheny).

Senate Bill 486, sponsored by Sen. Pat Browne (R-Lehigh), amends the Housing Finance Agency Law to require lenders to send copies of foreclosure notices to the Pennsylvania Housing Finance Agency so that mortgage foreclosures can be monitored on a statewide basis. It also extends the agency’s temporary stay of foreclosure to include the periods of administrative appeal.

The bill is designed to give more information to state government on delinquent loans so they can be tracked to identify trends in the mortgage business and allow recommendations to be made to the General Assembly on how to further protect consumers. Senate Bill 486 is among a package of bills aimed at protecting consumers in the mortgage and secondary mortgage markets.

The state Senate approved legislation Nov. 20 that would create a stakeholders group to advise the state on climate change issues and identify green economic opportunities in Pennsylvania.

Senate Bill 266, the Pennsylvania Climate Change Act, sponsored by Sen. Ted Erickson (R-Delaware), was sent to the House of Representatives.

Under Senator Erickson’s bill, the advisory committee will be made up of members appointed by the governor and the General Assembly. The committee will issue a report on scientific predictions regarding changes in temperature and precipitation that could result from climate change, as well as the potential impact of climate change on health, the economy, wildlife, agriculture and tourism.

The bill requires that the predictions reflect the diversity of views within the scientific community. The measure also requires the state Department of Environmental Protection to annually create an inventory of greenhouse gases in Pennsylvania. Within 15 months of the bill becoming law, DEP and the advisory committee will submit a climate change action plan that identifies greenhouse emission trends and evaluates cost-effective strategies for reducing or offsetting emissions.

Sen. Erickson said: "This measure brings together representatives of business, environmental groups, farmers and others to develop strategies for studying and responding to climate change. It provides a sound, science-based roadmap for action."

The Senate Judiciary Committee, chaired by Sen. Stewart Greenleaf (R-Montgomery), held a public hearing Nov. 19 on the role of behavioral health treatment courts in Pennsylvania.

The specially designed courts sentence non-violent offenders with drug addiction and mental illness to treatment programs rather than traditional incarceration. Judges closely monitor the progress of each defendant. Defendants who successfully complete treatment programs may have their charges dismissed and their records expunged. Offenders who have completed a drug treatment program are 30 percent less likely to reoffend.

Pennsylvania currently operates 18 adult drug courts, with more than 1,300 individuals enrolled in treatment programs. Eleven more courts are in the planning stages. As well, seven juvenile drug courts are in operation in the commonwealth. Legislation to expand treatment courts and provide funding for their implementation is currently being considered in the Legislature.

Sen. Greenleaf said: "Today's discussion has shed light on the importance of better managing specific groups of non-violent offenders whose contact with the criminal justice system may be greatly reduced or eliminated through treatment and rehabilitation."

- Hearing - Part 1

- Hearing - Part 2

- Sen. Greenleaf

- Sen. Jane Earll (R-Erie)

- Sen. Mary Jo White (R-Venango)

The Senate Transportation Committee, chaired by Sen. Roger Madigan (R-Bradford), endorsed a resolution Tuesday that calls on the President and Congress to cease funding for the Cross Border Trucking Demonstration Project.

The controversial demonstration project allows certain trucks of Mexican registry to be used in commerce on United States highways. Since 1982, Mexican trucks were prohibited from going further than 20 miles into the U.S., except in Arizona, where the limit was 75 miles.

Senate President Pro Tempore Joe Scarnati (R-Jefferson) introduced Senate Resolution 203 because of concerns about the economic and safety issues that the program creates with regard to freight transportation in Pennsylvania and other states. In many cases, information concerning vehicle inspections, accident reports, insurance records and driver violations were not available for trucks taking part in the project.

Sen. Scarnati said: "We certainly do not want to interfere with legitimate commerce, but the bottom line is they are taking good jobs away from hardworking Americans. It is vital that we stop giving every advantage to the Mexican worker at the expense of American employees. Congress needs to act immediately and end this project."

Senate Bill 1 would also establish a state office that will be the first point of appeal for disputes and provide regular training to local, county and state officials on how the law is to be applied. The new Open Records Clearinghouse would be an independent entity within the Department of Community and Economic Development.

It would also cut the response period for state agencies from 10 days to 5 days and improve the appeals process. Also, penalties for noncompliance would be increased from $300 to $1,000 for a first offense, and up to $2,000 for subsequent offenses. Additionally, it would require state contracts, including contracts with the Legislature, to be posted online in a searchable database.

Senate Bill 1 exceptions allow certain records to remain private, such as Social Security numbers, medical records, records that would threaten domestic security, and police investigative records.

HIGHLIGHTS OF SENATE BILL 1: EXPANDING PUBLIC ACCESS TO GOVERNMENT RECORDS

For executive agencies and local agencies, Senate Bill 1 reverses the presumption of access to records and puts the burden of proof on a government agency denying access to a record. This is the one change that many advocates of open government consider the most essential.
Senate Bill 1 provides a list of 28 plainly-stated exceptions for executive agencies and local agencies. These exceptions include such things as criminal investigations, Social Security Numbers, personal financial information, and individual medical records.
Legislative agencies, including the Senate and the House, are required to provide access to 17 categories of records.
Judicial agencies are required to provide financial records.
The four state-related universities – Temple, Penn State, Pitt and Lincoln – are required to provide information from IRS Form 990, whether or not the university is required to file that form, along with a list of the highest 25 salaries for university employees.

Adjust Text Size December 3, 2007

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December 3, 2007