Pennsylvania Senate Republican News Brief

"These proposed rules, which were developed in a bipartisan manner over the course of months, are designed to be easily understood by Senators, Senate staff, and the public. But we want to make sure they are as clear and as effective as possible, which is why I have invited a number of ethics experts to testify at this public hearing."

-- Senate Majority Leader Dominic Pileggi (R-Delaware), chairman of the Senate Rules Committee, which will hold a public hearing Wednesday on the proposed Senate Rules of Ethical Conduct.

Preview

Public Hearing on Proposed Rules of Ethical Conduct

The Senate Rules Committee, chaired by Senate Majority Leader Dominic Pileggi (R-Delaware), will hold a public hearing Wednesday on the proposed Senate Rules of Ethical Conduct.

The proposed Senate Rules of Ethical Conduct were introduced by Senate President Pro Tempore Joe Scarnati (R-Jefferson), Senator Pileggi, and Senate Democratic Leader Robert Mellow as Senate Resolution 228.

The committee will hear from the Executive Director of the State Ethics Commission, the Staff Director for the U.S. Senate Ethics Committee, a member of the Center for Ethics in Government at the National Conference of State Legislatures, and others.

For more on the proposed Senate Rules of Ethical Conduct, please see In the Spotlight and Fast Facts, below.

JOINT HEARING ON NEWLY AUTHORIZED INDEPENDENT FISCAL OFFICE

A key component of budget reforms passed at the end of 2009 will be the focus of a joint public hearing Wednesday by the Senate and House Finance Committees.

The joint panel will receive an update on the creation of the Independent Fiscal Office, a non-partisan agency with expertise in financial matters that would have access to the same agency and department financial information as the Governor's Budget Office. Creation of the Independent Fiscal Office was spearheaded by Senate Finance Committee Chairman Pat Browne (R-Lehigh) and approved as part of the 2009-2010 state budget.

GAMING AND LOBBYING DISCLOSURE LAW FOCUS OF JOINT HEARING

The Senate Community, Economic and Recreational Development Committee, chaired by Sen. Jane Earll (R-Erie), will hold a joint public hearing Tuesday with the House Gaming Oversight Committee to explore and clarify provisions of the state Lobbying Disclosure Law that may be relevant to gaming and the Pennsylvania Casino Association.

Review

Committee Conducts Hearing on Marcellus Shale Wastewater Issues

The Senate Environmental Resources and Energy Committee, chaired by Sen. Mary Jo White (R-Venango), held a public hearing Wednesday on Marcellus Shale natural gas wastewater treatment issues.

The Marcellus Shale is a rock formation that underlies approximately two-thirds of Pennsylvania and portions of the states of New York and West Virginia and is believed to hold trillions of cubic feet of clean-burning natural gas.

Extracting natural gas from the Marcellus Shale formation requires a process used in drilling for decades known as hydraulic fracturing, or "fracking." After the well is drilled, large amounts of water, sand and other fluids are pumped into the shale formation under high pressure to fracture the shale around the well, which allows the natural gas to flow freely to the well bore. Once the process is completed, the used water must be reused in the next well or sent to an approved treatment facility.

The committee heard from Department of Environmental Protection officials, industry representatives and others who discussed balancing the clean energy and jobs provided by drilling with the need to protect water supplies.

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INCREASED FINES for POACHING, Improve Hunter Safety APPROVED BY COMMITTEE

The Senate Game and Fisheries Committee, chaired by Sen. Richard Alloway (R-Franklin), approved legislation Tuesday that would increase fines and penalties, enact stiffer punishments for poachers, and improve hunter safety.

The committee gave unanimous support to Senate Bill 1200, sponsored by Senator Alloway, which would mandate Pennsylvania to join the Interstate Wildlife Violator Compact Act.

The Interstate Wildlife Violator Compact Act is a multi-state effort to ensure that habitual offenders in other states will not commit violations in other states. The legislation would enable Pennsylvania to recognize the revocation of an individual's hunting, fishing or trapping privileges due to a violation of regulations in any other member's state.

The committee also unanimously approved House Bill 1859, which would increase fines and penalties for poaching. Under the bill, violations would range from summary offenses to second-degree felonies depending on the type of violation and any prior offenses.

COMMITTEE ACTS TO IMPLEMENT CORRECTIONS PHARMACEUTICAL SAVINGS

Legislation sponsored by Sen. Don White (R-Indiana) that would authorize the Corrections Department and county prisons to redistribute unopened prescription medicines was unanimously approved Tuesday by the Senate Judiciary Committee, chaired by Sen. Stewart Greenleaf (R-Montgomery).

Senate Bill 1044 would authorize correctional facilities to return the medicines to the pharmaceutical wholesaler for credit and potential redistribution to other correctional facilities. Pennsylvania's correctional facilities currently participate in a similar program, but no provisions exist under current law to govern these activities, which have been shown to be safe and save taxpayers $1million annually.

Overall, the Department of Corrections budget for the current fiscal year is $1.6 billion or about 5 percent of the state's $27.8 billion budget. Of the Department's 2009-10 budget, $229.5 million is allocated for inmate medical care. That total represents a $15.3 million increase from the $214.2 million allocated for inmate medical care in the 2008-09 budget.

Committee Passes Sen. Vogel's Bill to aid Community Fundraisers

Legislation sponsored by Sen. Elder Vogel (R-Beaver) to bar the state from citing groups that sell commonly prepared baked goods was unanimously approved Tuesday by the Senate Agriculture and Rural Affairs Committee, chaired by Sen. Mike Brubaker (R-Lancaster).

Senate Bill 828 eliminates the ability of the Department of Agriculture to cite non-profit community groups such as churches, booster clubs and volunteer fire companies for selling non-potentially hazardous home-baked food at fundraisers.

Senator Vogel introduced Senate Bill 828 after the Department of Agriculture cited a local church for selling homemade baked goods prepared by ladies of the church at a Lenten fish fry fundraiser.

Measure to Resolve Coal Bed Methane Disputes Set for Enactment

Legislation establishing a special review board to arbitrate coal bed methane (CBM) well-location disputes between land owners and gas companies received final legislative approval and is expected to be signed into law.

Sen. Don White (R-Indiana) authored Senate Bill 275, which called for the creation of a three-member Coal Bed Methane Review Board to consider objections by property owners and reach agreements with gas companies on issues such as the location of coal bed methane wells and/or access roads. Currently, disputes between surface land owners and the holders of mineral rights for those properties are often unresolved as landowners have very little recourse if they do not approve of the location of a CBM well.

The key provisions of SB 275 were amended into House Bill 1847 by the Senate and subsequently approved by the House on January 25.

SEN. McIlhinney Introduces Legislation to Prevent Layoffs

Sen. Chuck McIlhinney (R-Bucks) introduced legislation Tuesday that would preserve Pennsylvania jobs by giving employers alternatives to layoffs.

Senate Bill 1205 would allow employers who are facing the prospect of layoffs to implement a temporary shared-work program that would reduce employee hours and allow those employees to receive proportionate unemployment compensation benefits in certain cases.

In cases where at least 10 percent of a unit would be affected by layoffs, the proposal would allow employers to reduce normal weekly hours by no less than 20 percent and no more than 40 percent. The shared-work plan would be voluntary for employers and would have to be reviewed and approved by the Department of Labor and the union of any affected employees.

Participating employers must agree to not lay off employees during the term of the plan and not hire or transfer new workers into the affected unit.

In the Spotlight

Among its provisions, the proposed Senate Rules of Ethical Conduct in Senate Resolution 228 includes a strict prohibition on campaign activity on Senate work time and a requirement that Senate employees responsible for taking or recommending official actions file Financial Interest Statements.

Annual training shall be provided to all senators and all Senate employees related to the Senate Rules of Ethical Conduct, the Ethics Act, and the Lobbyist Disclosure Act.

Sanctions for violations by an employee can range from a warning to termination of employment, depending on the circumstances. Sanctions for violations by a senator can range from a warning to requiring restitution and any other sanction provided for under the Pennsylvania Constitution.

If it is approved by the Senate Rules Committee, SR 228 would advance to the Senate floor for consideration by the full Senate.

Senator Scarnati said: "This is another step in regaining the public's trust in the operations of the Senate. The public hearing will be a valuable resource in communicating to the citizens across the Commonwealth that we are serious about reforming the legislature."

Fast Facts

Senate Resolution 228: Senate Rules of Ethical Conduct

No Senate employee may conduct any campaign activity on Senate work time.
No campaign activity may be conducted in a Senate office or with Senate resources.
The solicitation or receipt of campaign contributions on Senate work time or with Senate resources is prohibited.
No Senate employee may serve as an officer on a campaign committee or a campaign finance committee on behalf of any Senator or Senate candidate.
No Senate employee may be required to perform campaign activities or to make campaign contributions.
Senate mailing lists and email lists may only be used for legislative purposes, and cannot be sold or given to any other entity, including campaigns.
Senate employees who are responsible for taking or recommending official actions are required to file Financial Interest Statements with the Secretary of the Senate.
No Senate-funded newsletter may be sent within 60 days of an election.