Eliminating the Delaware Loophole, Righting a Wrong for County Government Efficiencies on House Agenda Next Week

Improving the Commonwealth Jobs Climate

The fact is, the House Republican Caucus has been continuously focused on private sector job creation; they know it’s the best social program out there.

While Pennsylvania’s unemployment rate was 7.9 percent in March, it is currently above the U.S. rate of 7.6 percent, obviously too high. The top priority of the House Republican Caucus is to make improvements to the Commonwealth’s jobs climate and lower the cost of doing business in the state. While progress has been made, the state continues to have one of the highest costs of doing business in the country when combining state and local taxes, fees, regulatory requirements and health care.

Encouraging private sector job creation will lead to higher employment and economic growth, making Pennsylvania a place where employers will bring family-sustaining jobs, and where people can build careers.

The House will consider legislation to reform the state’s antiquated business tax structure to bring more equity and fairness to all job creators in Pennsylvania. House Bill 440 (Rep. Dave Reed, R-Indiana) would eliminate the so-called Delaware Loophole and implement other necessary reforms to the state’s business tax structure.

By working together, the House Republicans, Senate and Gov. Tom Corbett are moving to change the state’s reputation and throw open Pennsylvania’s doors to job creation and retention. 

Righting a wrong, allowing counties to decide

The House will take up legislation (House Bill 108, Sen. Lloyd Smucker, R-Lancaster County) once again giving county commissioners, by majority vote, the option of abolishing the position of jury commissioner. The option was authorized in Act 108 of 2011, and since then, 42 counties have passed resolutions to abolish the office effective at the end of the current jury commissioners’ terms of office on Dec. 31, 2013. However, last month the Pennsylvania Supreme Court determined this section of Act 108, a bill dealing with county reforms and duties of county commissioners, violated the single subject rule of Article III, Section 3 of the Pennsylvania Constitution.

Members of the House, as well as the state County Commissioners Association of Pennsylvania, obviously believed Act 108 was enacted within the bounds of the Constitution, precedent and subsequent rulings.

The jury commissioner position was originally created more than a century ago to help prepare lists of prospective jurors for criminal and civil trials. Many counties have two jury commissioners, a Republican and a Democrat. Computers now compile these lists much more quickly using the state's driver license database, which has prompted court officials and county commissioners across Pennsylvania to call for the elimination of the post.

The Weekly Schedule

Identified by bill number, the sponsors and summaries for bills scheduled to be considered in committee or on the House floor are posted below.  More information regarding these bills can be found at PAHouseGOP.com by clicking on the “Research Bills” tab.

Monday, April 22, 2013

Committee Meetings/Hearings

URBAN AFFAIRS, 10 a.m., Room 205, Ryan Office Building

• HB 388 (Rep. Cherelle Parker, D-Philadelphia): Provides the City of Philadelphia with additional authority to collect delinquent property taxes.
• HB 390 (Rep. Michael O’Brien, D-Philadelphia): Affords the City of Philadelphia the authority to use age and financial need when considering property tax relief for long-term owner-occupants.
• HB 391 (Rep. Michael McGeehan, D-Philadelphia): Gives the City of Philadelphia the ability to provide eligible homeowners with the option to make property tax payments in periodic installments.

FINANCE, 11 a.m., Room G-50, Irvis Office Building

• HB 440 (Rep. Dave Reed, R-Indiana): Closes the so-called “Delaware Loophole; provides a schedule to remove the cap on net operating loss deductions; and provides a schedule for decreasing the corporate net income tax rate from 9.99 percent to 6.99 percent over a period of six years beginning in the taxable year 2014.

HEALTH, 11 a.m., Room 140 Main Capitol

• HB 1190 (Rep. Bryan Cutler, R-Lancaster): Grants “deemed status” licensure to hospitals accredited by an approved national accredited organization
• SB 5 (Sen. Edwin Erickson, R-Chester/Delaware): Establishes a program in the Department of Health to provide grants to community-based health care clinics which provide “medical homes” for the uninsured.

TOURISM AND RECREATIONAL DEVELOPMENT, Call of Chair, Room B-31, Main Capitol

• HB 544 (Rep. Dan Moul, R-Adams/Franklin): Amends the state’s recreational use of land liability law in order to expand its protections for landowners and ensure that legal fees are covered for property owners who are found not liable for injuries to recreational users.

Session

On Monday, the House will convene at 1 p.m. for legislative business. The members will vote the uncontested calendar and Rule 35 resolutions.

Votes on Second Consideration

• House Bill 303 (Rep. Kathy Watson, R-Bucks County): Creates a revolving loan program available to large mass transit agencies to support the transition to natural gas buses.
• HB 307 (Rep. Eli Evankovich, R-Westmoreland County): Repeals the California Air Resources Board (CARB) section 2030 to eliminate costly duplication of EPA and CARB certifications for natural gas vehicles.
• HB 468 (Rep. Jim Cox, R-Berks): Amends the eligibility requirements associated with the Property Tax/Rent Rebate Program to allow a family member to apply for a rebate on behalf of an individual who passes away prior to the end of a given tax year.
• HB 798 (Rep. Doyle Heffley, R-Carbon): Reduces the length of terms of service for members of the Pennsylvania Fish and Boat Commission’s Board of Commissioners from eight years to four years while allowing for multiple terms of continued service.
• HB 807 (Rep. Kate Harper, R-Montgomery): Allows volunteer fire companies which share a relief association to send a delegate from each fire company to a convention or meeting and be reimbursed with relief funds.
• HB 828 (Rep. Martin Causer, R-Cameron/McKean/Potter): Reduces the length of terms of service for members of the Pennsylvania Game Commission’s Board of Commissioners from eight years to four years while allowing for multiple terms of continued service.
• HB 891 (Rep. Mike Peifer, R-Monroe/Pike/Wayne): Allows properly permitted Nuisance Wildlife Control Operators to check traps remotely by electronic means.
• HB 1124 (Rep. Mario Scavello, R-Monroe): Makes the Pennsylvania Mortgage Licensing Act consistent with recently adopted federal Housing and Urban Development regulations under the federal Secure and Fair Enforcement for Mortgage Licensing Act (S.A.F.E. Act) by clarifying licensing provisions and requirements.

Votes on Third Consideration

• HB 663 (Rep. Brian Ellis, R-Butler): Includes the trafficking for commercial sex purposes in the offense of human trafficking; establishes the trafficking of a minor as a felony of the first degree; establishes a parent selling or transferring custody of a minor for commercial sex purposes as a second-degree felony; and establishes a civil cause of action for coercion into prostitution.
• HB 818 (Rep. Donna Oberlander, R-Armstrong/Clarion): Prohibits health insurance carriers that participate in an Affordable Care Act exchange from offering coverage for elective abortions within the exchanges. Exceptions are made for the life of the mother, rape or incest.
• HB 1000 (Rep. Todd Stephens, R-Montgomery): Amends the Crimes Code provision relating to the grading of retail theft to establish that, where the value of the merchandise exceeds $1,000, the violation will be graded as a felony of the third degree.
• HB 1029 (Rep. Joseph Hackett, R-Delaware): Establishes an updated schedule of rates that river pilots may charge for guiding ships up and down the Delaware River and Bay.
• SB 302 (Sen. Lisa Baker, R-Luzerne/Monroe/Pike/Susquehanna/Wayne/Wyoming): Requires county veterans affairs directors to obtain certification/accreditation.

Tuesday, April 23, 2013

Committee Meetings/Hearings

FINANCE, 8:30 a.m., Room G-50, Irvis Office Building

• Public hearing on Innovate Pennsylvania, a program to provide funding for investments in Pennsylvania’s high-tech industries through the Ben Franklin Technology Development Authority.

CONSUMER AFFAIRS, 9:15 a.m., Room 140, Main Capitol

• Public hearing on HB 1047 and whether Chapter 14 should be reauthorized.
  • HB 1047 (Rep. Robert Godshall, R-Montgomery): Makes permanent a change to the state’s public utility laws that has allowed utilities to reduce their collectable accounts and reduce the impact of uncollectable account on timely paying customers.

AGING AND OLDER ADULT SERVICES, 9:30 a.m., Room 60, East Wing

• Informational meeting with presentation on the impact of the “Hold Harmless” provision on aging funding.
  • HB 149 (Rep. Scott Petri, R-Bucks): Removes the hold harmless clause on the statutory funding formula for area agencies on aging.

JUDICIARY, 10 a.m., Room 205, Ryan Office Building

• HB 474 (Rep. Tom Killion, R-Chester/Delaware): Amends the Crimes Code relating to aggravated assault to include protections for private residential rehabilitative institution employees, teachers or staff.
• HB 1217 (Rep. Jerry Stern, R-Blair): Clarifies the listing of banned substances in the Controlled Substance, Drug, Device and Cosmetic Act.
• HR 226 (Rep. Tom Caltagirone, D-Berks): Calls upon the Joint State Government Commission to conduct a study of the mental health system in Pennsylvania, especially in the area of treatment of criminal defendants with mental illness.

Session

On Tuesday the House will meet at 11 a.m. for legislative business.

Votes on Second Consideration

• HB 304 (Rep. Jim Marshall, R-Beaver): Requires certain large mass transit agencies to purchase buses that meet certain criteria within a specific implementation schedule.
• HB 987 (Rep. Garth Everett, R-Lycoming): Bridge designation: George E. Logue Sr. Memorial Bridge.
• HB 992 (Rep. Warren Kampf, R-Chester/Montgomery): Makes updates relating to filings with the Bureau of Corporations and Charitable Organizations (previously called the Corporation Bureau) by allowing corporate filings to be done online, making available an expedited filing system, establishing the name change for the bureau and clarifying the nature of certain fees.
• HB 1128 (Rep. Chris Ross, R-Chester): Modernizes the Motor Vehicle Sales Finance Act and the Goods and Services Installment Sales Act.
• SB 623 (Sen. Jake Corman, R-Centre/Juniata/Mifflin/Perry/Union): Allows for expansion of Mentored Hunting Programs by regulation of the Pennsylvania Game Commission, to age groups beyond that of the current Mentored Youth Hunting Program.
• SB 808 (Sen. Lloyd Smucker, R-Lancaster/York): Permits county commissioners to abolish the office of jury commissioner.

Votes on Third Consideration

• HB 303 (Watson)
• HB 307 (Evankovich)
• HB 468 (Cox)
• HB 798 (Heffley)
• HB 807 (Harper)
• HB 828 (Causer)
• HB 891 (Peifer)
• HB 1124 (Scavello)

Wednesday, April 24, 2013

Committee Meetings/Hearings

CONSUMER AFFAIRS, 9 a.m., Room 60, East Wing

• Public hearing on HB 939 (Rep. Robert Godshall, R-Montgomery): Amends Chapter 14 of Title 66 to add wastewater utilities to the types of utilities required to comply with the provisions of the chapter for public utilities.

EDUCATION, 9 a.m., Room G-50, Irvis Office Building

• HB 1031 (Rep. Jim Marshall, R-Beaver): Creates the Pennsylvania Community College Affordability Task Force within the Department of Education.
• HB 1123 (Rep. Gordon Denlinger, R-Lancaster): Amends the Private Academic Schools Act to permit the licensure of online schools.
• HB 1164 (Rep. Tom Murt, R-Montgomery/Philadelphia): Requires colleges, universities and institutions of higher learning in Pennsylvania to provide current military service personnel and honorably discharged veterans with priority registration.

ENVIRONMENTAL RESOURCES AND ENERGY, 9 a.m., Room 205, Ryan Office Building

• HB 1171 (Rep. George Dunbar, R-Westmoreland): Repeals the Alternative Energy Production Tax Credit.

PROFESSIONAL LICENSURE, 10 a.m., Room 39, East Wing

• Final Regulation 16A-677
• Final Regulation 16A-678
• Final Regulation 16A-5423
• Proposed Regulation 16A-649
• Proposed Regulation 16A-6920

STATE GOVERNMENT, 10 a.m., Room 205, Ryan Office Building

• HB 61 (Rep. Kerry Benninghoff, R-Centre/Mifflin): Amends the Right to Know Law to apply the access requirements currently imposed on state-owned universities to state-related institutions.
• HR 250 (Rep. Carl Metzgar, R-Bedford/Somerset): Urges the Secretary of the Navy to commission the USS Somerset in the Port of Philadelphia.
• Informational meeting on:
  • HB 211 (Rep. Seth Grove, R-York): Within the Regulatory Review Act, requires each agency to review existing regulations every five years (excluding regulations adopted within the past three years) and provide recommended changes to regulations in compliance with new criteria.
  • HB 549 (Rep. Mario Scavello, R-Monroe): Within the Regulatory Review Act, permits requests for review of an existing regulation which has been in effect for two years rather than three years.
  • HB 868 (Rep. Dan Moul, R-Adams/Franklin): Within the Regulatory Review Act, prohibits an agency from promulgating a proposed regulation if a standing committee disapproves a regulation.

Session

On Wednesday the House will meet at 11 a.m. for legislative business.

Votes on Third Consideration

• HB 304 (Marshall)
• HB 992 (Kampf)
• HB 1128 (Ross)
• SB 623 (Corman)
• SB 808 (Smucker)