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Legislative Reapportionment Commission Okays Preliminary Plan… Again

Pennsylvania’s latest set of redistricting maps is now available for public comment.  The redrawn House and Senate maps put more emphasis on reducing municipal splits, and less emphasis on population deviation, per the direction of the state Supreme Court.  The high court threw out the Legislative Reapportionment Commission’s first attempt early this year.

The House maps reduce the number of municipal splits from 108 to 68, according to GOP Leader Mike Turzai (R-Allegheny).  “Population deviation however – in particular reason to reduce splits – did increase from 5.97% to 7.76%.” 

Rep. Turzai notes that five House seats were moved based on the new population data, but he says it was to nobody’s partisan advantage. 

The court-appointed chairman of the five-member panel made waves when he insisted on a change in the proposed Senate map.  Population shifts dictate that a Senate seat be moved from western PA to the northeast.  Senate Republican Leader Dominic Pileggi (R-Delaware) contends the data dictates that Democrat Jim Brewster’s seat be moved, but he acquiesced to Chairman Stephen McEwen who wanted to move Republican Jane Orie’s seat instead.  Orie was recently convicted on public corruption charges, which means her seat is vacant. 

The Commission voted 4 – 1 in favor of the preliminary maps, with Senate Democratic Leader Jay Costa (D-Allegheny) casting the lone dissenting vote.   House Democratic Leader Frank Dermody (D-Allegheny) stressed that this is not the end of the redistricting process.  “I am hopeful and confident that, as we listen and consider public comments, more will get done to improve the final plan,” Dermody said at Thursday’s meeting. 

A public hearing is set for May 2nd.

Drivers License, PennDOT

PA Poised to Opt Out of REAL ID

Pennsylvania could soon become the 16th and largest state to opt out of the federal REAL ID Act.  Under REAL ID, state-issued drivers’ licenses would have to meet certain federal criteria.  PennDOT would also be required to store copies of its license holders’ identifying documents, and link its databases with those of DMVs across the country. 

“REAL ID, with the nationwide database, would really create a gold mine for identity thieves,” says ACLU of Pennsylvania legislative director Andy Hoover.  He also complains that the federal law would turn state-issued drivers’ licenses into de facto national ID cards. 

Congress enacted the REAL ID Act of 2005 in response to the 9/11 Commission’s recommendations for more secure standards for identification.  The report cites that, “All but one of the 9/11 hijackers acquired some form of US identification document by, some by fraud.” 

The Department of Homeland Security has extended the implementation deadline to January 15th, 2013, but the ACLU of PA’s Andy Hoover says REAL ID cannot function without state participation. 

REAL ID is not a new issue under the state capitol dome. The House passed a bill to block REAL ID in 2008; the Senate passed one in 2010, but time ran out in both of those legislative sessions.  This year’s bill (SB 354) passed both chambers with broad, bipartisan support.  Governor Tom Corbett is expected to sign it.

Capitol, State Capitol, Dome

State Senate Poised to Make Health Care Statement

Roughly two years since its enactment, the US Supreme Court is weighing the constitutionality of the federal Affordable Care Act.  Also this week, the state Senate appears poised to weigh in on the issue. 

A proposed amendment to the state constitution reads that no person shall be required to obtain health insurance, and the state cannot penalize anyone who doesn’t have it.  “We have a responsibility as states to protect our rights as states to pass these laws,” says Senate President Pro Tem Joe Scarnati (R-Jefferson), the bill’s prime sponsor.  “This is not a federal issue.”   

Scarnati says SB 10 would provide Pennsylvania citizens with an opportunity to speak out on “Obamacare” at the ballot box.  He believes the federal health care mandate is unconstitutional. 

A constitutional amendment must be approved by the General Assembly in two consecutive legislative sessions, then ratified by Pennsylvania voters.  The earliest SB 10 could make it on the ballot is 2013. 

SB 10 passed the Banking & Insurance Committee (9 – 5) earlier this month.  It cleared the Appropriations Committee (16 -10) late Monday.  The full Senate could cast votes as early as this week. 

When Radio PA caught up with Obama for America press secretary Ben LaBolt this week, he was confident that the high court will uphold the law’s constitutionality.  “What’s clear is that Americans don’t want to go back to allowing insurance companies to write their own rules.”

Voter ID Issue Back on Front Burner

As the state Senate Appropriations Committee was preparing to consider controversial voter ID legislation, the Protect Our Vote coalition gathered in the capitol rotunda to urge lawmakers to reject the proposal.  The group also unfurled a roll of petitions filled with 13,000 signatures of voter ID opponents.  Copies of those petitions were then delivered to all 50 state senators. 

“It is an unfunded mandate to be passed along to the cities, towns and taxpayers of the commonwealth, and will not result in curtailing so-called fraud,” said Michael Brunelle, executive director of the SEIU State Council.  The coalition and its supporters say HB 934 is unnecessary, and it will deprive citizens of their right to vote. 

But the state would provide free photo IDs to eligible voters who need them, according to Secretary of the Department of State Carol Aichele.  “It is my commitment to make sure that everyone who wants a photo ID in Pennsylvania is able to obtain one,” she told the Senate Appropriations Committee last week.  The photo IDs would be churned out through PennDOT’s 97 drivers licensing centers, and the governor’s proposed budget has even carved out $1-million for non-drivers ID cards for voting purposes. 

The legislation would effectively require all voters to produce an approved form of photo ID every time they go to the polls.  Supporters say it would ensure integrity in the vote process, but critics say there’s no evidence of widespread voter fraud. 

The bill passed the House (108 – 88) last June.  Then, an amended version was advanced by the Senate State Government Committee (6 – 5) in December.  The Senate Appropriations Committee passed it late Monday (15 – 11).

Marcellus Shale

Shale Bill Passes State Senate

A Marcellus Shale bill has cleared the State Senate. The vote and debate held up the Governor’s budget address on Tuesday morning.  The chamber approved the conference committee report on HB 1950 by a vote of 31 to 19.   

The bill would allow   counties to impose a fee on natural gas drillers.  60% of the money raised would go to local governments; the rest would be allocated for a variety of statewide initiatives. The bill also expands environmental regulations on the natural gas industry.

Senator John Wozniak (D-Cambria) voted in favor of it, saying it has taken them 3 years to get this far.  He said no matter what tax or impact fee they would place on this natural gas, it’s not the panacea that’s going to balance the budget.  He points out that West Virginia, because of competition, recently reduced its severance tax.

Senator John Blake (D-Lackawanna) opposed the Marcellus Shale plan, saying it sells Pennsylvania short.  He said at the same time we’re slashing public educating and hurting individuals who depend on our social services safety net, we’re forgoing revenue.  He says it’s but a fragment of what Pennsylvanians deserve.

Senator Mike Stack (D-Phila) said hard working Pennsylvanians lose out in the deal.  He said they had the opportunity to help the entire state, to close the budget deficit, to help kids go to school, to repair roads, but instead, “gas companies win.”

Lawmakers Near Final Approval of Congressional Maps

Pennsylvania will lose a Congressional seat in 2012, as the Keystone State’s population growth didn’t keep up with other states over the past ten years.  The General Assembly must now act quickly to approve the new congressional maps.  “If a congressional redistricting plan is not enacted by the end of this calendar year, it will cause chaos in the 2012 election cycle,” said Senate GOP Leader Dominic Pileggi.  During Wednesday night’s Senate debate, Pileggi noted that the process of circulating nominating petitions begins on January 24th

The Republican-drawn maps were unveiled earlier in the week, cleared the Senate on Wednesday night, and advanced out of the House State Government Committee on Thursday afternoon.  Up next is consideration by the full House. 

Democrats are lining up to criticize SB 1249 as blatant gerrymandering.   “I ask anybody who looks at these maps, are these districts contiguous or are they torturous?” said Rep. Babette Josephs (D-Phila.), the Minority Chair of the House State Government Committee. 

Appearing on Radio PA’s monthly Ask the Governor program, Governor Tom Corbett said this is the situation every ten year, no matter which party is in the majority.  “It’s incumbent upon the congressmen who represent those districts… to make sure that they pay attention to their constituents no matter where they are.” 

Corbett says the process is particularly difficult when one congressional district must be drawn out of existence.    In this case, the proposal would combine the districts of Democratic Congressmen Jason Altmire and Mark Critz. 

“We knew that the Republicans would use their control of the process to draw a map that that benefitted Republicans, but we did not expect them to abuse their power to this degree,” said Pennsylvania Democratic Chairman Jim Burn.

Tough New Abortion Clinic Regulations Could Soon Become Law

Ever since a Philadelphia grand jury uncovered abhorrent conditions at the Women’s Medical Society clinic in West Philadelphia, state lawmakers have been working on response.  They’ve come up with an amended version of SB 732, a bill that would hold abortion clinics to the same licensing regulations as other surgical health care facilities.  “If they’re going to do a surgical procedure, they should be subjected to the same regulations as the other 212 ambulatory surgical centers,” says State Rep. Matt Baker (R-Bradford), the leading proponent of this language in the House. 

But critics say the regulations that govern ambulatory surgical facilities were intended for clinics that perform high-risk procedures.  “Abortion doesn’t have nearly the complications that other procedures do,” says ACLU of Pennsylvania Legislative Director Andy Hoover. 

The bill’s opponents argue that the would-be regulations are too onerous and costly – likely forcing many women’s health clinics to close their doors for good.  “As is said so often about other issues, we need to enforce the laws we already have,” State Rep. Dan Frankel (D-Allegheny) said in a statement.  Frankel’s amendment, which he says would have addressed the so-called ‘house of horrors’ clinic in Philadelphia, was defeated.  Frankel says the state simply failed to do its job inspecting that clinic. 

SB 732 passed the House, Tuesday, with a vote of 151 – 44.  It is expected to receive a concurrence vote in the Senate on Wednesday, its last scheduled day of session in 2011. 

The House also passed HB 1977, which would prohibit health insurers from covering abortions under forthcoming health insurance exchanges that are being created by the federal health insurance reform law.  It advanced out of the House with a 146 – 45 vote, and currently awaits Senate committee action.

Cash-strapped Cities Take Center Stage

As PA’s list of financially distressed cities continues to grow, some say the system is broken.  “Fiscal distress is inevitable under existing state laws that govern municipalities,” says York Mayor Kim Bracey, while testifying before a joint panel of House and Senate committees.  Bracey was one of a group of mayors that converged on the capitol to urge lawmakers not just to tweak Act 47, but to take the necessary steps to keep cities out of it. 

State Senator Jane Earll (R-Erie) knows that governments of all shapes and sizes are under pressure.  “Really the discussion comes back to, what are the cost drivers forcing municipalities into the distressed status that we see increasing numbers falling into,” says Earll, who chairs the Senate Community, Economic and Recreational Development Committee. 

Many officials told the panel that difficult and unpopular decisions need to be made.  Reading Mayor Tom McMahon tells Radio PA that cities need a menu of local options to support municipal services.  “You can cut, cut, cut, and we can reduce our expenses, but at some point we need to diversify our revenue – not increase it necessarily – but diversify.” 

Mayor McMahon is President of the Pennsylvania League of Cities and Municipalities, which points to its 2010 Core Communities in Crisis Report.  That report lists multiple ideas for supporting municipal services, including a county option 1% local sales tax.  “We have not been able to get that for third class cities,” McMahon says, referring sales tax flexibility in Philadelphia and Pittsburgh. 

Other unpopular revenue options the report suggests to preserve Pennsylvania’s cities, include: a 10% local tax on the retail sales of alcohol, which could be tied to public safety services, and a “sugared drink” tax, which could be tied to local health programs.  Stakeholders are already lining up in opposition.  For instance, the Pennsylvania Beverage Association says the last thing we need in a down economy is higher taxes on our groceries. 

Beyond revenue, state law governing arbitration proved to be another hot topic at Thursday’s hearing.  The state Supreme Court recently told the city of Scranton that it must pay arbitration awards for police and fire unions, despite its Act 47 status.  Scranton Mayor Chris Doherty called the ruling a slap in the face.

State Senate Votes to Expand DNA Testing

Supporters say requiring DNA samples of individuals arrested for serious crimes would be a big boost for law enforcement.  “This bill updates our law to ensure that Pennsylvania investigators have access to the most efficient scientific tools to fight crime,” says state Senate Republican Leader Dominic Pileggi (R-Delaware), the bill’s prime sponsor. 

Specifically, the bill would expand the eligible criminal offenses for which DNA testing is required, and mandate pre-conviction DNA testing for serious offenses.  Those samples would then be available in state and federal law enforcement databases. 

But critics at the ACLU of Pennsylvania call it a case of government getting bigger before our eyes.  “The government is not able to simply take DNA from people whenever it feels like it,” says ACLU of PA Legislative Director Andy Hoover.  “When someone has been arrested they’re still innocent under the law and they have certain rights.”

The bill (SB 775) does include provisions that would destroy the DNA records of those who’ve been exonerated.  It passed the Senate with a 42 – 6 vote, and now awaits action in the state House.   

High-Profile Immigration Bill Reaches House Floor

Designed to keep public dollars out of the hands of illegal immigrants, SB 9 would require proof of citizenship before individuals can receive state welfare benefits.  Democrats on the House State Government Committee complained that it was drafted on anecdotes, not facts. 

Rep. Greg Vitali (D-Delaware) questioned Chairman Daryl Metcalfe (R-Butler) on whether there are any cost studies to justify the bill.  “My answer is we are spending hundreds of millions of dollars a year on illegal aliens in Pennsylvania, and we should stop spending hundreds of millions of dollars a year on illegal aliens,” Metcalfe shot back.  Metcalfe estimates there are 140,000 illegal immigrants currently living in the Keystone State. 

Committee debate got even more heated, Tuesday, when several Democratic members described the bill as “xenophobic.”  Metcalfe cut-off Democratic Chair Babette Josephs mid-sentence: “Representative Josephs, you’re out of order in using that term,” he chided. 

The committee amended and advanced SB 9 via a party line vote, with all Republicans voting for it.  The so-called ‘Proof of Citizenship for Receipt of Public Benefits Act’ passed the Senate (40 – 9) earlier this year, with some Democratic support.  It’s now poised for state House action.