Category: Pennsylvania Legislation

Laws proposed or passed in the Pennsylvania Legislature

Wagner Doubles Down On Open Ladies Rooms

Wagner Doubles Down On Open Ladies Rooms — An email has been forwarded to us from Pennsylvania State Sen. Scott Wagner (R-28) in which he doubles down in support of legislation which most feel will mandate opening traditional private places for females in schools and businesses to males claiming to be women.

The bill is SB 974 i.e. The Pennsylvania Fairness Act, which has remained stuck — hopefully permanently — in The State Government committee since being introduced Sept. 8.

Sister legislation HB 1510 remains similarly and thankfully entangled in the House.

Wagner in his missive correctly notes that the bills were introduced before the open ladies room controversy happened and insists it won’t change anything with regard to state law.

That’s naive. Just because Wagner couldn’t see what was coming doesn’t mean the powerful interests who lobbied for the bill didn’t. And how, exactly, does a bill “prohibiting discrimination against LGBT individuals as it relates to . . . public accommodations” exempt public restrooms?

And school locker rooms?

Sports teams?

Most troubling, though, is that Wagner, who has generally championed the needs of business, supported SB 974 knowing full-well it expanded “protected classes“.

Being in a protected class does not help one find employment. Just consider the employment rates for those in a “protected class” verses those who aren’t.

This is not due to bigotry. This is due to self preservation. A small business-owner will bend over backwards to avoid hiring a person from a “protected class” because it is exponentially harder to fire one in that class if that person turns out to be a bad employee.

Now, if one has a company that has grown big enough to have its own HR department fully able to keep up with the latest in employment law and do the appropriate record keeping of employee failings some of the risk is mitigated but if one is part of a three-man LLC and has to do the hiring and firing face to face along with a thousand other things, this is the type of government interference that causes ulcers.

As someone who has run a business and who has hired gays knowing full well they were gay  — really, Scott where do you think gays are more inclined to seek employment, journalism/advertising or trash collection? — employee sex lives are not an issue for the vast majority of business owners. Show up on time and meet deadlines. Everyone is happy. Special protection does not help anybody yet probably hurts everyone.

Wagner Doubles Down On Open Ladies Rooms
Senator Special Snowflake?

And one more thing Senator. The “special snowflake” stuff does not become you. If you think you are being “bullied” or “intimidated” when angry constituents contact you, you probably should stick to trash collection.

Here is Sen. Wagner’s email:

Over the past several months, my office has received hundreds of phone calls and emails regarding my co-sponsorship of SB 974, The Pennsylvania Fairness Act. This legislation would add sexual orientation, gender identity, or expression to the Pennsylvania Human Relations Act, effectively prohibiting discrimination against LGBT individuals as it relates to employment, housing, and public accommodations.
I have been asked to remove my name as a co-sponsor of SB 974 because of recent events in the news related to how bathrooms are dealt with in other states, as well as President Obama’s recent directive regarding schools and Title IX funding.

Let me be very clear – I will not be removing my name from this legislation. Allow me to explain why.

As an employer and a Pennsylvanian, I believe that everyone should be treated fairly and with dignity.

As an employer, I do not care what your sexual preference is as long as you perform at or beyond the required expectations of your job. The fact remains that without this legislation there are a group of citizens that can legally be fired or overlooked because of their sexual orientation instead of their job performance. This is a step in the right direction to ensure workers are not being discriminated against.

This is why I put my name on this legislation, and this is what I will continue to work toward. The fact that attempts have been made to intimidate me and other supporters of SB 974 to try to get us to remove our co-sponsorships of this legislation and are trying to change the conversation to make it about men in women’s bathrooms should not deter us from our goal.

Cities all across Pennsylvania have had ordinances similar to SB 974 for well over 20 years without a single issue as it relates to bathrooms. From a very practical perspective, SB 974 changes absolutely nothing about the way that bathrooms are dealt with, in spite of claims to the contrary that are full of legalese and references to court decisions from states with laws that are very different from Pennsylvania’s.

I believe that it is critical that we find a way to treat LGBT people with the dignity and fairness that they deserve – that we all deserve. I am equally committed to work with concerned groups to find ways to improve the legislation. If there are valid concerns related to individuals with deeply held religious convictions, we should work to fix them. If there are real, concrete concerns with the way that bathrooms will be handled, we should listen.

What we should not do, however, is completely abandon all efforts to gain fairness for the LGBT community. What we should not do is use fear as a tool to attempt to bully legislators into just giving up on this important issue.

Those of you that know me, know this – I will not be bullied.

I encourage those of you with serious concerns about this legislation to continue to contact me so that we can continue our work on this issue. My staff and I have spent a great deal of time with interest groups on both sides of this issue attempting to find a way to accomplish everyone’s goals, and we will continue to do so.

I know that fellow Pennsylvanians share my commitment to make our great Commonwealth a state that is open and welcoming to everyone, whether that means changing our Human Relations Act or addressing our oppressive tax and regulatory systems.

I appreciate your support, and look forward to continuing the effort to create a better Pennsylvania with everyone.

Wagner Doubles Down On Open Ladies Rooms

 

 

 

Barack Bathroom Push Backed By Pa Bills

Barack Bathroom Push Backed By Pa BillsBarack Bathroom Push Backed By Pa Bills — Donna Ellingsen has let us know that Barack Obama’s national boys-in-the-girls-room public school policy can only become law if the Pennsylvania legislature lets it happen, which some in Harrisburg are trying to make so with HB 1510 and SB 974.

She has forwarded us a letter from Pennsylvania Family Council which notes that President Obama’s bathroom bullying directive is not an executive order. It is not an administrative regulation. This has no force of law or legal authority behind it, but asks schools to voluntarily throw away every student’s right to bodily privacy and threatens to remove Title IX funding if they do not.

Donna points out that federal funding provides about 10 percent of Pennsylvania public school budgets but that money comes with a lot of  strings attached — besides letting boys into the girls room.

The Pennsylvania taxpayer would likely be far better off rejecting all the money and the mandates that come along with it.

Kudos Donna for bringing this up.

By the way, Delaware County’s James Santora (163rd) is among the few Republicans sponsoring HB 1510.

And regarding SB 974, while it is also overwhelmingly sponsored by Democrats, the prime sponsor is Lehigh County Republican Pat Browne (16).

What’s up with that Pat?

Yes, we know Scott Wagner’s (R-28) name is on it too.

What’s up with that Scott?

Barack Bathroom Push Backed By Pa Bills

HB 805 Protects Good Teachers, Wolf Opposes

HB 805 Protects Good Teachers, Wolf Opposes

By Leo Knepper HB 805 Protects Good Teachers, Wolf Opposes

Pennsylvania is one of only six states to use teacher seniority as the only factor considered when making layoff decisions. On May 9, the Senate passed HB 805 to correct this problem.

Commonly referred to as “last in, first out” or “LIFO”. A seniority-based system often results in the most effective teachers being let go. According to the co-sponsorship memo, the most effective teachers are laid off 80 percent of the time. This is why we see so many stories about a “teacher of the year” being laid off for budget reasons.

Rep. Stephen Bloom (R-199), the prime sponsor of the legislation and a Citizens Alliance of Pennsylvania member, summed the up the situation in a recent interview:

“Pennsylvania has an archaic law that says if a school district would need to furlough teachers for economic reasons, they cannot let go of the teachers that are the worst performing teachers. Instead, they have to go by blind seniority,” said Bloom. “It’s about time that our local school districts would have the ability to make a smart, rational decision to make sure the best teachers are in the classrooms with the kids.”

Despite the absurdity of the LIFO system, Gov. Tom Wolf has indicated that he will veto the legislation. If he follows through with that threat, the Governor will once again be siding with the teachers’ union. Wolf has repeatedly stated that one of his goals is to have “schools that teach.” If that is truly the case, how can he not be for schools having the ability to consider teacher performance in the unfortunate event of layoffs?

Mr. Knepper is executive director of Citizens Alliance of Pennsylvania.

HB 805 Protects Good Teachers, Wolf Opposes

Corruption Caused Pension Crisis

Corruption Caused Pension Crisis

By Leo Knepper Corruption Caused Pension Crisis

No matter what pension plan design reforms the legislature enacts for future employees, the Commonwealth will still have a massive unfunded liability. The unfunded liability is the result of over-promising retirement benefits, poor investment performance, investment performance, but mostly a willful redirection of necessary pension contributions by the Pennsylvania government to other purposes. This gross negligence on the part of elected officials has been bipartisan. It started with the 2001 pension increase signed into law (Act 9) by Governor Ridge and continued through the Rendell years when he signed legislation that purposefully underfunded the pension systems (Act 40 in 2003 and Act 120 in 2010).

Decades of mismanagement have resulted in a combined $63.3 billion in unfunded liabilities, based on the market value of assets. The longer the unfunded liability persists, the worse it becomes. It’s helpful to look at the unfunded liability as a loan. This “loan” has a 7.5 percent annual rate. In Year 1, the principal is $63.3 billion. If no payments are made, the amount due increases to $68 billion next year, then $73.2 the following year and so on. In other words, the unfunded liability grows year after year unless the payment made exceeds interest and the cost of newly earned benefits.  And, just like any other loan we need to be making payments on the principal.

The loan example conveys the basics of the problem. Rep. John McGinnis (R-79) introduced HB 900 last year to address the unfunded liability. In his co-sponsorship memorandum, McGinnis states:

“Right now, just the annual interest on the pension debt is over $4 billion, equivalent to the full yearly salary and benefits for over 50,000 teachers.  The situation is so dire that there are likely scenarios where the pension assets will become exhausted in the next 8 to 15 years.  When that happens, benefits paid to retirees may well consume 40 percent to 50 percent of the general fund.  The consequences for our future only get worse as we delay dealing effectively with this problem.

“The right approach is to follow the recommendation of the 2014 Blue Ribbon Panel on Public Pension Funding commissioned by the Society of Actuaries and commit ourselves to paying off the current UALs [unfunded accrued liabilities] of SERS and PSERS over 20 years with level dollar funding.  It is not just the responsible thing to do after more than 10 years of serious underfunding–it is absolutely necessary to prevent substantial and irreversible harm to the future of Pennsylvania.”

We can avert the fiscal catastrophe. However, every day the General Assembly does not act, the unfunded liability grows. HB 900 is currently in the House State Government Committee. Please, contact your representative today at this link and urge them to take action.

Mr. Knepper is executive director of Citizens Alliance of Pennsylvania.

Corruption Caused Pension Crisis

Pennsylvania Bathroom Bills

Pennsylvania Bathroom BillsPennsylvania Bathroom Bills — A pair of very stupid bills were introduced in the Pennsylvania legislature last fall that would give emotionally disturbed males legal access to all public women’s rooms.

SB 974 has been sitting in the Senate’s State Government Committee since Sept. 8, as has HB 1510 in the House counterpart.

Biology is reality. Other people’s feelings matter. If a person born a male — which means he is a male — is uncomfortable using a man’s restroom he has an emotional issue and you can feel sorry for him. One has to recognize, however, that women have feelings too and most — the overwhelming majority we suspect — would feel very uncomfortable about him entering their private space.

And this is leaving aside the impossibility of weeding out males who merely claim to identify as female to enter ladies rooms.

Target gave men by-right access to the ladies rooms at their stores and have found it to be very bad business.

Voting for these bills would be very bad politics.

And that means you too, Scott Wagner.

Pennsylvania Bathroom Bills

Collective Bargaining Deals Now Public

Collective Bargaining Deals Now PublicCollective Bargaining Deals Now Public — SB 644 is now Act 15 of 2016. Gov. Wolf signed the bill April 14. It requires the details of collective bargaining agreements of employees under the jurisdiction of the Governor be made public before their finalization.

We suspect the average citizen of the state always thought that was the case. You would have been wrong but now it is.

SB 644 was championed by Sen. Mike Folmer (R-48) and he deserves high praise.

The bill was  passed on a 29-19 party-line vote by the by the Senate last May 6.

It was approved 108-83 by the House on March 21 with Ted Harhai of the 58th District being the only Democrat in favor and only eight Republicans dissenting. The dissenters included Delaware County representatives Nick Miccarelli of the 162nd District and James Santora of the 163rd District.

Hat tip Matt Brouillette of Commonwealth Foundation.

Collective Bargaining Deals Now Public

 

 

Ghost Teachers Cost Millions

Ghost Teachers Cost Millions By Leo Knepper

The Fairness Center filed another lawsuit, Feb. 24, on behalf of taxpayers against ghost teachers. Officially known as “release time,” ghost teachers are being paid by taxpayers to conduct union business. The most recent lawsuit addresses the Allentown School District where the union president has collected more than $1.3 million in salary and benefits since the year 2000. When you add in the state portion of her pension, the cost goes up even further. According to a news report on the lawsuit, teachers’ union presidents haven’t had to step foot in a classroom since 1990. Ghost Teachers Cost Millions

The cost to the Allentown School District, while substantial, pales in comparison to the $1.7 million ghost teachers collected from the Philadelphia School District in 2014. The Philadelphia Federation of Teachers also enjoys a rent-free office provided by the school district. An article published by Watchdog.org details some of the political work undertaken by union bosses at taxpayer expense:

“Hillary Linardopoulos, who has not taught in a classroom since 2009, ‘coordinates much of our political activism and legislative involvement,’ according to an op-ed penned by union members that endorses its current leadership team going into an upcoming internal election. Since leaving the classroom, her taxpayer-funded salary has almost doubled to $91,156.”

Legislation to eliminate ghost teachers was introduced last August. The General Assembly should shift the cost of union operatives from taxpayers to the unions. Furthermore, given the blatantly political nature of the work, there is no excuse for forcing taxpayers to subsidize the activity.

Leo Knepper is executive director Citizens Alliance of Pennsylvania.

Ghost Teachers Cost Millions

West Virginia Goes Right To Work

West Virginia Goes Right To WorkWest Virginia Goes Right To Work — Legendary labor powerhouse West Virginia — the land of  Matewan and the UMWA — just went “right to work”.

“Right to work” means it is illegal to make as a condition of employment joining a union or paying union dues. One can still join a union, of course, or pay dues. He just can’t be fired if he chooses not to do so. Maybe he doesn’t like his hard-earned, involuntarily taken money being used for his local’s leader’s  $277,000 salary. Or perhaps, he’s really mad that it winds up as donations to politicians who support unrestricted immigration, closing refineries, and Planned Parenthood while opposing letting him have the means to defend himself if he should feel the need.

Polling shows that 74 percent of U.S. voters support “right to work”.

West Virginia follows in the footsteps of legendary labor powerhouses Michigan and Indiana which went RTW in 2012, and Wisconsin which did so last year.

West Virginia’s law was enacted yesterday, Feb. 12, when the state House and Senate overrode Gov. Earl Ray Tomblin’s veto.

West Virginian also, yesterday, repealed its prevailing wage law which is a law that mandates workers on public projects be paid at a rate set by the government rather than the market.

Pennsylvania also has a prevailing wage law. It is estimated that it adds 20 percent to the cost of public works. This means that a new high school that cost $130 million with prevailing wage would cost $104 million without it. It would be almost as if the community magically found $26 million.

If reforms such as these could happen in West Virginia, Michigan, Indiana and Wisconsin, there is no reason to think they couldn’t happen in Pennsylvania.

West Virginia Goes Right To Work and ends prevailing wage.

 

 

Paycheck Protection Advances In Pa.

Paycheck Protection Advances In Pa.Paycheck Protection Advances In Pa. — Paycheck protection, which is a bill that would ban the automatic deduction of political donations from members of public employees unions in Pennsylvania, is going to the full floor of the State House.

The bill was reported from the House State Government Committee, Tuesday, Jan. 26, 16-9 with on a straight party line vote with all present Democrats against it.

SB 501 was passed, 26-23, by the State Senate on Oct. 14. Again, all Democrats voted against the bill joined by Republicans Stewart Greenleaf (12), Robert Tomlinson (6) and, from Delaware County, Tom McGarrigle (26) and Dominic Pileggi (9), who has since resigned to take a Common Pleas Court seat.

The bill is overwhelmingly supported by the people of the Commonwealth. Polls show that 67 percent want it including 59 percent of registered Democrats.

Democrat leaders — who invariably get the support of these unwilling contributions — rather cravenly claim that automatic political donations are no different than deducting for health insurance or pension plans.

The House is expected to pass the bill where it faces a likely veto by Gov. Wolf, a man who also gets his share of support from the automatic deductions.

Paycheck Protection Advances In Pa.

 

 

Fiscal Code Bill Sneaks In Spending

Fiscal Code Bill Sneaks In SpendingFiscal Code Bill Sneaks In Spending — State Rep. Russ Diamond (R-102) is one of the good guys. He explains on his Facebook page why he voted against the final version of HB 1327 which made changes to the state’s fiscal code.

“This bill, HB1327, passed the House unanimously the first time around, when it was a small tweak to the fiscal code regarding investments by the State Workers’ Insurance Board,” he said. “But after the Senate loaded it up, I was forced to vote against it on concurrence.”

Commonwealth Foundation notes the final passage includes 45 earmarks that funnel more than $40 million to “lobbyist priorities.”

For instance one earmark gave  $450,000 “to a multimunicipal revitalization organization in a county of the sixth class with a population, based on the most recent Federal decennial census, of at least 68,000 but not more than 70,000 for sidewalks and repairs associated with downtown revitalization.”

Another $1,500,000 earmark is set aside for “a physician practice plan serving a health system located in a city of the first class and a contiguous county of the second class A which did receive funding during fiscal year 2014-2015.”

Fiscal Code Bill Sneaks In Spending