Category: Pennsylvania Legislation

Laws proposed or passed in the Pennsylvania Legislature

Senate Schedules Hearing On Privatizing State Stores

Tears may not be being shed yet but furrows of concern should be appearing on the brows of those at Total Wine and the other Naamans Road liquor stores in Delaware<

The  Law and Justice Committee of the Pennsylvania Senate has scheduled a Valentine’s Day hearing on privatizing the state’s liquor sales.

The committee is chaired by Sen. John Pippy (R-37).

The hearing will be 3-5 p.m., in 8E-B of the Capitol’s East Wing. It will explore general topics including the practice of other states. No specific bill be discussed.

Expected to testify are representatives of the National Alcohol Beverage Control Association, Reason Foundation, the Commonwealth Foundation, and Pacific Institute for Research and Evaluation.

In other  legislative news, Sen. Gene Yaw (R-23) has introduced SB 108 which will further restrict the employment of executive-level state workers by firms in which they had dealings.

Sen. Lloyd Smucker (R-13) introduced SB 110 which would let taxpayers easily see who is flying on state-owned planes.

The Senate Education Committee endorsed a lifetime ban on persons convicted of serious violent offenses, which would include sex crimes against children from employment in schools, and a 10-year ban on all convicted of felony offenses of working in schools.

HB 2497 Pension Bailout Unconstitutional

HB 2497 Pension Bailout Unconstitutional  — HB 2497 aka  Gen Theft was sent to the governor’s desk for a signature Nov. 15 after a 165 to 31 vote in the Pennsylvania House. The sick thing is that 32 minutes earlier a vote to declare the bill unconstitutional passed the House on a 128-68 vote. This means that 37 legislators ended up voting for a bill they had voted to be unconstitutional.

Bob Guzzardi of LibertyIndex.Com lists the bovine 39 as:

Republicans: Matthew Baker (Tioga), Kerry Benninghoff (Centre), Martin Causer (Bradford), Jim Christina (Beaver), Paul Clymer (Bucks), Gary Day (Berks), Sheryl Delozier (Cumberland), Garth Everett (Lycoming), Will Gabig (Cumberland), Matt Gabler (Elk), Mauree Gingrich (Lebanon), Glen Grell (Cumberland), Marcia Hahn (Northampton), Ted  Harhart (Fayette), Sue Helm (Dauphin), Tim Hennessy (Chester), Rob Kauffman (Cumberland), Mark Keller (Franklin), John Maher (Allegheny), Sandra Major (Susquehanna), Ron Marsico (Dauphin), Ron Miller (York), Dan Moul (Adams), John Payne (Dauphin), Tina Pickett (Bradford), Jeffrey Pyle (Armstrong), Thomas Quigley (Montgomery), Marguerite Quinn (Berks), Kathy Rapp (Forest), Dave Reed (Indiana), Doug Reichley (Lehigh), Todd Rock (Franklin), Curtis Sonney (Erie), Katie True (Lancaster), Randy Vulakovich (Allegheny) and Katherine Watson (Bucks).

Democrats:  Retiring Speaker of the House Keith McCall (Carbon), Dwight Evans (Philadelphia) and Brendan Boyle (Philadelphia).

HB 2497, which will certainly be signed by Gov. Rendell, bails out the Pennsylvania’s near bankrupt public pension system and was strongly supported by the Pennsylvania State Education Association and other public employee unions.

Is it stating the obvious to note that the very sweet legislative pensions are also saved by the bailout? What heroic public servants we have voted to represent us.

Commonwealth Foundation estimates that the bailout will cost the average homeowner $1,360 annually by 2012  in state and local taxes.

Will our state courts find the bill to be unconstitutional? People, the bill bailed out the judges’ pensions too.

HB 2497 Pension Bailout Unconstitutional

HB 2497 Pension Bailout Unconstitutional  -- HB 2497 aka  Gen Theft was sent to the governor's desk for a signature Nov. 15 after a 165 to 31

Dem Party Guy Cops Plea Gets Break

Dem Party Guy Cops Plea Gets Break — State Rep. Paul Costa is a party leader whether it be in the Democrat caucus in Harrisburg or in the parking lot before a Pittsburgh Steelers game.

Costa, who has represented the 34th District since 1999 and who had chaired the House Subcommittee on Licensing as a member of the House Committee of Liquor Control during the just-ended Democrat majority, pleaded guilty, Nov. 24, to disorderly conduct stemming from his  Oct. 3 arrest for an incident in the parking lot of Clark Bar & Grill before the Steelers-Ravens game.

Costa was caught passing around a doobie.

In return for the guilty plea, misdemeanor drug charges were dismissed, a nice break since disorderly conduct is a no-record summary offense, whereas a record of a misdemeanor would create difficulties if he should want to do something such as, say, get a liquor license .

Costa paid a $50 fine plus $137 in court costs.

In fairness, minor marijuana arrests are more often than not handled this way in the state.

Costa is 50 years old.

Dude!


 Dem Party Guy Cops Plea Gets Break

159-38 For “Stand Your Ground”

The Pennsylvania House of Representatives this afternoon voted 159-38 to approve  a bill that would significantly expand the right to self-defense in Pennsylvania.The bill now goes to the senate.

The was an increase of three for the bill over a special motion passed yesterday that  prevented the attachment of a large number of  anti-gun riders.

A roll call will soon  be available here.

If the bill cannot make it through the senate, however, or if the votes are not available to override an expected veto by Gov. Rendell, the process will have to start afresh next year.

House Bill 40provides that “no person should be required to surrender his or her personal safety to a criminal, nor should a person be required to needlessly retreat in the face of intrusion or attack outside the person’s home or vehicle.”

The bill declares that, with some exceptions such as the intruder being a police officer lawfully performing his duty, a person may may be presumed to have a belief in the need to use deadly force if he should find someone in his home or attempting to enter his home or vehicle.

The bill also spells out that a law-aiding citizen has “no duty to retreat” and has “right to stand his ground and use force, including deadly force if he “has a right to be in the place where he was attacked,” believes it necessary to do so “to protect himself against death, serious bodily injury, kidnapping or sexual intercourse by force or threat” and “the person against whom the force is used displays or otherwise uses: a firearm or replica . . . or any other weapon readily or apparently capable of lethal use.”

The bill also provides for civil immunity for the use of force.

Pa House Preps Way For “Stand Your Ground” Law

The Pennsylvania House of Representatives, yesterday, voted 156-41 to pass a special motion that prevented the attachment of a large number of  anti-gun riders to a bill that would significantly expand the right to self-defense in Pennsylvania. A final vote is expected today after which the bill will go to the senate.

Five members were absent.

House Bill 40 provides that “no person should be required to surrender his or her personal safety to a criminal, nor should a person be required to needlessly retreat in the face of intrusion or attack outside the person’s home or vehicle.”

The bill declares that, with some exceptions such as the intruder being a police officer lawfully performing his duty, a person may may be presumed to have a belief in the need to use deadly force if he should find someone in his home or attempting to enter his home or vehicle.

The bill also spells out that a law-aiding citizen has “no duty to retreat” and has “right to stand his ground and use force, including deadly force if he “has a right to be in the place where he was attacked,” believes it necessary to do so “to protect himself against death, serious bodily injury, kidnapping or sexual intercourse by force or threat” and “the person against whom the force is used displays or otherwise uses: a firearm or replica . . . or any other weapon readily or apparently capable of lethal use.”

The bill also provides for civil immunity for the use of force.

Regarding Delaware County’s contingent, Republicans Stephen Barrar (160), Nick Miccarelli (162), Nick Micozzie (163), Mario Civera Jr. (164), Bill Adolph (165), and Tom Killion (168) voted aye; while Democrats Thaddeus Kirkland (159), Bryan Lentz (161),  Greg Vitali (166), Robert Donatucci (185), Vanessa Brown (190) and Ronald Waters (191) voted nay.

Delco GOP Senators Aye On Subcontractor Extinction Act

The Republican-controlled state senate, yesterday, voted 34-13 to approve HB 400  a.k.a. the Construction Workplace Misclassification a.k.a. the Subcontractor Extinction Act. The bill returns to the House to resolve some language issues.

Of the 19 Democrats in the body, the only one not voting for it was Barry Stout of the 46th District who did not vote. Fifteen out of 30 Republicans voted for the bill including the ones representing Delaware County — Ted Erickson of the 26th District and Domenic Pileggi of the 9th District. Not voting was Chuck McIlhinney of the 10th District.

The 45th District seat is vacant.

The bill  requires independent contractors doing construction work to be treated as employees by those who hire them with regard to requirements for workman’s compensation and unemployment insurance contributions.

Republican David Argall of the 29th District voted for the bill in committee but against it on the floor.

The bill was strongly supported by the trade unions and opposed by by the Pennsylvania Landscape & Nursery Association, National Federation of Independent Business, Pennsylvania Builders Association and Pennsylvania Chamber of Business & Industry.

The bill was introduced in the House by Delaware County’s Bryan Lentz (D-161 ) who is the Democrat’s candidate to replace Joe Sestak as congressman from the 7th District. His Republican opponent is former U.S. attorney and Delaware County District Attorney Pat Meehan.

Dems Against Local Government

Dems Against Local Government — In their holy quest to make all Pennsylvania like Philadelphia, a group of Democrats in the State House, happily assisted by a pair of tamed Republicans have introduced a bill to amend the state constitution and make the county the basic unit of government in the state.

The bill, HB 2431, would give counties jurisdiction over personnel, law enforcement, land use, sanitation, and health and safety.

The bill would also prohibit any county, municipality or incorporated district to become a stockholder in any company, association or corporation, or to obtain or appropriate money for, or to loan its credit to, any corporation, association, institution or individual.

The bill was introduced April 20 by Thomas Caltagirone, with fellow Democrat co-sponsors Peter Daley, Jaret Gibbons, Ted Harhai, Patrick Harkins, Tim Mahoney, Barbara McIlvaine Smith, Joseph Preston Jr. , and Rosita Youngblood .

The Republican sponsors are Jim Marshall of the 14th District  and RoseMarie Swanger of the 102nd District.

 

Dems Against Local Government

Metcalfe Bill Requires Agencies Verify Lawful Presence

State Rep. Daryl Metcalfe (R-12) submitted a bill, May 5, that would give state and local in Pennsylvania powers akin to those held by Arizona authorities under that state’s recently passed law, and require that  “every agency or political subdivision of this Commonwealth shall verify the lawful presence in the United States of any natural person 18 years of age or older who has applied for Federal public benefits, State public benefits or local public benefits . . that are administered by an agency or a political subdivision of this Commonwealth” with some exceptions such as treatment of an emergency medical condition,  in-kind emergency disaster relief, immunizations and services such as soup kitchens and short-term shelter.

House Bill 2479, or the Support our Law Enforcement and Safe Neighborhood Act, prohibits any political subdivision from adopting policy restricting enforcement of Federal immigration laws to less than the full extent permitted by Federal law — are you reading Mayor Nutter — requires every law enforcement officer, whether state or local , who “has lawfully stopped, detained or arrested, for a violation of a law of this Commonwealth or any political subdivision” and who  should be reasonably suspected of being unlawfully present in the United States” to make “a complete, full and appropriate attempt shall be made to verify the person’s immigration status with the Federal Government.”

Another provision of the bill makes it a state law to knowingly employ an alien and creates a complaint form allowing any person to report a suspected violation to the district attorney of the county in which the employer conducts business.

The bill also makes it illegal for an unauthorized alien to “apply for work, solicit work in a public place or perform work as an employee or independent contractor” in the state.

The bill also allows police to impound vehicles of those suspected of being illegal aliens or transporting illegal aliens.

Metcalfe Bill Requires Agencies Verify Lawful Presence

Metcalfe Bill Requires Agencies Verify Lawful Presence

Does An AZ Alien Law Loom For PA?

State Rep. Daryl Metcalfe (R-12 ) said he will introduce tomorrow a bill that will give Pennsylvania police the same powers in dealing with illegal aliens that the controversial Arizona law has given state and local law enforcement in that state.

The Arizona law — State Bill 1070 if you are so inclined to look it up — does not, despite claims by certain prominent people, allow police to stop people and random and ask for identification.

It simply requires them to check on their immigration status if they are unable to produce acceptable identification i.e. a driver’s license during a lawful contact, which will soon be changed to an even more restrictive “stop, detain or arrest” standard.

Of course it does other things to such as make it a state felony to knowingly smuggle people for profit or to attempt to hire people for work from a highway.

If you don’t feel like looking it up here’s a link to a pdf of the AZ SB 1070 .

If Metcalfe really wanted to make liberals dance around like headless hens he should submit a bill based on Mexico’s immigration law.

 

 

Does An AZ Alien Law Loom For PA?

 

Does An AZ Alien Law Loom For PA?

Election Franking A Crime?

Election Franking A Crime? — The Pennsylvania House State Government Committee, March 23, unanimously gave its OK to House Bill 2271 that would make it a criminal offense for a legislator to mail tax-funded pieces within 60 days of an election in which the legislator is a candidate for public office.

State House and Senate rules now prohibit the practice and they are generally followed but the act is not yet criminal. The bill would subject a transgressor to “a fine of not more than $1,000 or to imprisonment for not more than one year or both”.

The bill was introduced by State Rep. Matthew Bradford (D-70) which is in Montgomery County.

So kudos for a rare bit of commonsense from a Democrat. Still, you really have to wonder why our legislators at whatever level still have franking privileges in this day of much more efficient mass communication.

But if that should be too radical, it seems that rather than a prohibition about mailing 60 days before an election, limiting legislative mailings  to two weeks after the general and primary elections would be much more effective on cutting down insincere love notes from a group known for their ability to look after number 1.

Do you really, really think they care whether we have a “happy holiday” or not?

HB 2271 now goes before the House Appropriations Committee.

Hat tip to GrassrootsPa.com

Election Franking A Crime?

Election Franking A Crime?