Capitol Recap

AROUND THE ROTUNDA Volume 5 Number 387 PLS coverage of Capitol events including press conferences, bill signings, & media availabilities August 14, 2018 Contents ATTORNEY GENERAL DISCUSSES GRAND JURY REPORT ON CATHOLIC DIOCESE AROUND THE ROTUNDA 1 CHILD SEXUAL ABUSE NEW LEGISLATION 4 By Andre Dienner, Pennsylvania Legislative Services | August 14, 2018 LEGISLATIVE ACTIONS 4 UPCOMING MEETINGS 6 Pennsylvania Attorney General Josh Shapiro held a press conference Tuesday in the Media Center to discuss the findings of a two-year grand jury investigation into child sexual abuse in Pennsylvania Catholic dioceses.

The report identified 301 Catholic priests who sexually abused more than 1,000 children SESSION STATUS while serving in active ministry in the church across six Pennsylvania dioceses including At 12:17 p.m. on 41 in Erie, 37 in Allentown, 20 in Greensburg, 45 in Harrisburg, 99 in Pittsburgh, and 59 Wednesday, June 27, 2018 in Scranton. The investigation also revealed “a systematic cover up spanning decades by the Senate met briefly in senior church leaders in Pennsylvania and the Vatican.” non-voting session and now stands in recess until Joined onstage by survivors and their families, Shapiro outlined the toll the abuse continues the call of the President Pro to take and the fight his office has undergone to make the findings public. He outlined an Tempore. The Senate is “intense legal battle” with petitioners seeking to have their names excluded and at some not expected to reconvene times with the dioceses “to cover up the cover up,” stating those petitioners “still don’t have until September 24. the courage to tell the public who they are.” At 3:37 p.m. on Monday, Related to redactions, Shapiro emphasized his office is not satisfied with a redacted report June 25, 2018 the House and will fight to complete the “incomplete story” at oral arguments before the Pennsylvania stands in recess until Supreme Court on September 26. the call of the Chair. The House is not expected to Turning to the substance of the report, Shapiro noted incidents were largely corroborated reconvene until September by secret archives held in the churches. He emphasized there are too many incidents to 12. discuss in person and directed those interested to the report, but highlighted several specific UPCOMING SESSION DAYS instances including Father Chester House Gawronski in Erie who fondled boys and told them he was administering a cancer check and September 12, 13, 24, 25, confessed to multiple instances of abuse, but remained in active ministry; Father Michael 26 Lawrence in Allentown who admitted to rubbing 12-year-old boy’s genitals so roughly the October 1 (NV), 2 (NV), 9, boy felt pain but was left in ministry by three different bishops; and a group of at least four 10, 15, 16, 17 predator priests in Pittsburgh who groomed and abused young boys using whips, violence, November 13 and sadism in sexually assaulting their victims.

Senate Next Shapiro relayed that due to cover ups, in some cases traveling up to the Vatican, many September 24, 25, 26 instances are too old to be prosecuted. However, he highlighted that Father John Sweeney October 1, 2, 3, 15, 16, 17 was charged with sexual abuse and Father David Poulson was charged with sexual assault. November 14 “These children, surrounded by adults enabling their abuse, were taught that this abuse was not only normal but that it was holy,” Shapiro added. He also faulted law enforcement where the grand jury found several instances of halted investigations due to fear of negative publicity. Provided by Pennsylvania Legislative Services “Child sexual abuse is traumatizing,” Shapiro continued. “In these cases there is an additional 240 N. 3rd St. 6th Floor Harrisburg, PA 17101 layer of trauma because the abuse came at the hands of their spiritual leaders. Instead 717.236.6984 phone of healing, victims were shamed, they were ridiculed. When these children told authority 717.236.5097 fax figures of their abuse their accounts were questioned, they were hushed, and shunned.” www.mypls.com “The time of telling these victims to keep their truth to themselves has ended,” he emphasized. Shapiro then outlined and supported four recommended changes to Pennsylvania law made by the grand jury, including: • Eliminate the criminal statute of limitations for sexually abusing children. • Create a “civil window” so older victims may now sue for damages. • Clarify penalties for a continuing failure to report child abuse. • Specify that Civil Confidentiality Agreements do not cover communications with law enforcement.

Shapiro lastly challenged each Pennsylvania bishop and archbishop to support the reforms as proof they want things to change and care about combatting sexual abuse in the church.

“The time for institutions to place their own interests above protecting our children is over,” he stated. “I will not tolerate it. To that end, our investigation into child sexual abuse within the Catholic Church remains ongoing… The abuse and cover up is now publicly disclosed for the people of Pennsylvania to read for themselves.”

Questions were taken from the media.

How many of these incidents discovered were never previously publicly disclosed? Shapiro pointed to the report showing “many” such instances.

There is a high school in Pittsburgh named Cardinal Wuerl North Catholic High School. In light of his complicity in the cover up, do you recommend taking his name off the school? Shapiro said that is a decision for the church to make.

Was there anyone among the clergy who stood up and tried to help? Shapiro repeated he has “issued a clear challenge” and the question depends on their response.

Do you anticipate any more charges? He said his office charged those they could charge compliant with the statute of limitations, but the investigation is “active and ongoing.”

Of the 301 identified priests, how many are still moving freely in their communities? “I can’t answer that question at this time,” he said.

Are any of those 301 in active ministry? Shapiro pointed to the report for that purpose.

How many calls have been received at the hotline for this investigation? He said the investigation is active and ongoing.

How many names were redacted from the report? “I can’t comment on who those petitioners are.”

Are there additional names in the report outside of the 301 that may not have been involved in the cover up? Shapiro said to read the report.

There have been assertions of inaccuracies in the report, can you comment on that? Shapiro stood by the work of the grand jury noting that priests and bishops were invited to respond and those responses were affixed. “Consider the source,” he added, noting the incidents were largely corroborated by secret church documents.

Will it take more than just the bishops of Pennsylvania to make a change, or will it go up to the pope? Shapiro declined to comment on what the pope may or may not do but repeated there is a clear challenge to all bishops to support the suggested reforms.

2 CONSERVATION ADVOCATE GROUPS RELEASE PA ENVIRONMENTAL SCORECARD By Jessica Richardson, Pennsylvania Legislative Services | August 14, 2018

Conservation Voters of Pennsylvania, PennEnvironment, Sierra Club Pennsylvania Chapter, and Clean Water Action joined together for a teleconference to release the 2017-2018 Pennsylvania Environmental Scorecard, which scores each member of the Pennsylvania State Senate and House of Representatives based on their votes on environmental legislation.

Josh McNeil, Executive Director, Conservation Voters of Pennsylvania, stated it was a joint product that allows individuals to know if those voting on their behalf are protecting clean air and clean water. He noted some of the bills that were scored included HB 2468, SB 234, and HR 515. McNeil explained the scores are generated by taking the number of pro- environmental votes over the number of potential pro-environmental votes. He commented one difference this year is that there is a new lifetime score on how legislators have voted.

Steve Hvozdovich, Pennsylvania Campaigns Director, Clean Water Action, continued that the report found 62 members in the House of Representatives scored 100 percent on the pieces of legislation that were scored. He commented this number has doubled since the 2015-2016 score as there were previously 29 representatives who scored 100 percent.

Hvozdovich explained there were 60 Democrats and two Republicans, with the two Republican members being the first ones to ever score 100 percent at least going back to 2007-2008. He stated eight minority members of the House Environmental Resources and Energy Committee scored 100 percent.

On the opposite side, there were eleven representatives who scored zero percent with four of them being majority members of the House Environmental Resources and Energy Committee, Hvozdovich said. He stated in the Senate, 19 senators scored 100 percent with six Republicans and 13 Democrats. Hvozdovich commented seven senators scored zero percent with two of them serving on the Senate Environmental Resources and Energy Committee.

Hvozdovich broke the scores into averages stating that the House scored 52 percent with Democrats receiving 94 percent and Republicans receiving 23 percent. He noted in the Senate the overall average was 49 percent with Democrats receiving 94 percent and Republicans receiving 29 percent.

McNeil noted a number of those in the House who received scores of 100 percent were freshmen. He commented that tells a story of where the legislature is going in the future.

Rep. Gene DiGirolamo (R-Bucks) stated he is excited and proud to have a 100 percent voting record along with his colleague Marguerite Quinn (R-Bucks).

“Protecting the environment should not be a partisan issue,” Rep. DiGirolamo said.

He stated that over the last three legislative cycles he believes his side of the aisle has made substantial progress in getting Republican House members to consider putting up votes that are pro-environment. Rep. DiGirolamo said he is happy to take somewhat of a leadership role in doing so.

Rep. DiGirolamo stated a lot of the bills that were scored had to deal with the Marcellus Shale industry, which wanted certain rollbacks on permitting or environmental issues. He noted the Marcellus Shale industry is important but “there has to be a balance between the industry thriving and surviving and protecting the environment.”

One of the bills scored was HB 1959, which would have allowed the industry to pick its own third-party to review and approve permits instead of the Department of Environmental Protection (DEP), Rep. DiGirolamo said. He commented that it would have been a drastic mistake to allow this, and the bill is currently awaiting action in the Senate. Rep. DiGirolamo noted DEP

3 should be left to do their job as another proposal affecting the DEP wasA04214 , which authorized a deemed approval of oil and gas permits.

Rep. (D-Montgomery) stated she is thrilled to have received a 100 percent lifetime scorecard. She commented that HB 2468 was a bill that hit close to home as it was spurred by a couple school districts that wanted to claim eminent domain on some properties. She explained one of those school districts was the one in which she resides that wanted to find land to build a new school. Rep. Daley noted she understood the challenges the school district faced but it was important to vote for the bill to save the land.

Rep. Daley also commented on HB 1071, which prohibits bans, fees, and taxes on recyclable plastic bags. She said any effort to reduce the use of single-use plastic bags is something she can get on board with. Rep. Daley commented her local government is looking at passing an ordinance that would require a fee for plastic bags and plastic straws, which she hopes will not be stopped by this bill.

Joanne Kilgour, Director, Sierra Club Pennsylvania Chapter, continued with some takeaways from the report. She said regulatory reform has been a high priority in the legislature over the past few sessions and has accounted for seven of the 16 bills that were scored, including HB 209 and HB 1237. Kilgour noted a bill to keep an eye on is SB 1231, as it would create an automatic review of economically significant regulations, which include environmental regulations. She said some cosponsors of the legislation that scored zero percent include Sen. Ryan Aument (R-Lancaster), Sen. Mike Folmer (R-Lebanon), and Sen. Scott Hutchinson (R-Venango).

Kilgour added two positive bills were HB 2468 and SB 234. She said there are more positive opportunities when the state returns to session.

NEW LEGISLATION

HB 2601 Ortitay, Jason (R) Amends P.L. 784, No. 225, known as the Dog Law, in injury to dogs, further providing for selling, bartering, or trading dogs and providing for sales by pet-shop kennels. Aug 14, 2018 - H-Filed

HR 1022 Brown, Rosemary (R) Resolution honoring the work of Operation Smile. Aug 14, 2018 - H-Filed

HR 1024 Benninghoff, Kerry (R) Resolution designating the month of September 2018 as “Childhood Cancer Awareness Month” in Pennsylvania. Aug 14, 2018 - H-Filed LEGISLATIVE ACTIONS HB 209 Hill, Kristin (R) (PN 3162) Amends the Regulatory Review Act adding language establishing the Independent Office of the Repealer within the Independent Regulatory Review Commission (IRRC) and providing for its powers and duties. Requires a state agency that promulgates a new regulation to identify at least two existing regulations for repeal. Also establishes the Selection and Organization Committee in the Office. Provides the committee shall consist of one member appointed by the Governor; one member appointed by the Senate President Pro Tempore in consultation with the Senate Majority and Minority Leaders; one member appointed by the Speaker of the House in consultation with the House Majority and Minority Leaders. Further provides for the selection of a director of the Office by the committee. The Office expires June 30, 2024. Effective immediately. (Prior Printer Number: 176) Aug 14, 2018 - H-Conference call held

4 HB 1071 Farry, Frank (R) (PN 1270) Amends Title 53 (Municipalities Generally) prohibiting a political subdivision from imposing a ban, fee, surcharge or tax on recyclable plastic bags at point of sale. Requires the Department of Revenue to promulgate regulations to administer and enforce the prohibition. Effective in 60 days. Aug 14, 2018 - H-Conference call held

HB 1237 Keefer, Dawn (F) (R) (PN 2996) Amends the Regulatory Review Act adding language providing if the Independent Regulatory Review Commission issues an order to approve a final-form regulation or final-omitted regulation that is an economically significant regulation or if the agency decides to proceed with a regulation the commission disapproved, the agency shall submit a copy of the order and, if applicable, the agency response to the Senate and the House and shall request a concurrent resolution approving the order. The House and the Senate shall each have 30 calendar days or ten legislative days, whichever is longer, to adopt the concurrent resolution. Requires the Regulatory Analysis Form to include the specific statutory citation indicating the provision of law that authorizes the agency to promulgate the regulation for that purpose; requires the concurrent resolution to be referred to the committee before being referred to the full House or Senate and requires the House and Senate to consider the concurrent resolution; and ensures the committee review process for a regulation and House and Senate consideration of a concurrent resolution shall include both calendar days and legislative days. If the General Assembly does not adopt the concurrent resolution in the time prescribed, the regulation shall be deemed not approved and the regulation shall not take effect. An economically significant regulation is defined as a regulation that, if implemented, may reasonably be expected to result in the direct or indirect cost to the Commonwealth, its political subdivisions and to the private sector in excess of $1 million on an annual basis. Effective in 60 days. (Prior Printer Number: 1464) Aug 14, 2018 - H-Conference call held

HB 1959 Rothman, Greg (R) (PN 3464) The Permit Administration Act provides for the administration of permits by state agencies, for a tracking system for permit applications, for the establishment of permit programs and for annual reports. The bill requires state agencies to establish, maintain and make available a secure online tracking system for applicants to track the status of applications. Delineates the types of categories that are required for reporting to the General Assembly. Effective in 60 days. (Prior Printer Number: 2856, 3163) Aug 14, 2018 - H-Conference call held

HB 2468 Kampf, Warren (R) (PN 3803) Amends Title 26 (Eminent Domain), in limitations on use of eminent domain, further providing for definitions and providing for eminent domain of land subject to conservation easement. The bill states that no political subdivision, authority, public utility or other body having or exercising powers of eminent domain shall condemn any land subject to a conservation easement for any purpose, unless prior approval has been obtained from the orphans’ court of the county in which the land is located. This condemnation approval shall not be required for an underground public utility facility that does not permanently impact the open space benefits protected by the conservation easement nor for any public utility facility or other project that is subject to approval by a federal agency, the necessity for the propriety and environmental effects of which has been reviewed and ratified or approved by the Pennsylvania Public Utility Commission or the Federal Energy Regulatory Commission, regardless of whether the right to establish and maintain such underground or other public utility facility is obtained by condemnation or by agreement with the owner. Certain provisions apply to a condemnation for which a declaration of taking is filed after December 31, 2017. Effective immediately. (Prior Printer Number: 3634, 3676) Aug 14, 2018 - H-Conference call held

HR 515 Fritz, Jonathan (F) (R) (PN 2460) Resolution urging the Delaware River Basin Commission to suspend consideration of a moratorium on natural gas drilling in the Delaware River Basin. Aug 14, 2018 - H-Conference call held

5 SB 234 Blake, John (D) (PN 1443) Amends Title 12 (Commerce and Trade) adding a chapter authorizing counties or municipalities to create property assessed clean energy programs, which authorize assessments for energy improvements in districts designated by municipalities. Before a real property can establish an assessment under the program and begin local financing or owner financing of a qualified project, the following shall occur: (1) Any financial institution holding a lien, mortgage or security interest in or other encumbrance of the real property that secures a current, future or contingent payment obligation must be given written notice of the real property owner’s intention to participate in the program and acknowledge in writing to the property owner and municipality or county that established the program that they have received such notice; and (2) Any financial institution required to be given notice must provide written consent to the property owner and municipality or county that established the program that the property may participate in the program. Reviews and public notice are required. An assessment and any interest or penalties on the assessment is a first and prior lien on the real property and has the same priority status as a lien for any other tax. Effective in 60 days. (Prior Printer Number: 255, 1286, 1376) Aug 14, 2018 - S-Conference call held

SB 1231 Brooks, Michele (R) (PN 1950) Amends the Regulatory Review Act defining “economically significant regulation” and providing that after an economically significant regulation has been in effect for three years, the agency shall report the status of the regulation, the impact of the regulation on the regulated community and the direct and indirect cost to the Commonwealth of the regulation. Effective immediately. Aug 14, 2018 - S-Conference call held

UPCOMING MEETINGS

TUESDAY - 8/7/18 Senate Republican Policy Committee 11:00 a.m., Artman Elementary School, Community Room, 411 N. Hermitage Road, Hermitage Public Roundtable on School Safety

House Democratic Policy Committee 12:00 p.m., District 1199 Union Hall, 1319 Locust Street, Philadelphia Public Hearing with Rep. on Janus vs. AFSCME Decision’s Impact on Women of Color

WEDNESDAY - 8/8/18 Senate Republican Policy Committee 10:00 a.m., Cedar Crest High School, Large Group Instruction Room, 115 E. Evergreen Rd., Lebanon Public Roundtable on School Safety

House Democratic Policy Committee 2:00 p.m., Philadelphia City Hall, City Council Chambers (Room 400), 1400 John F. Kennedy Boulevard, Philadelphia Public Hearing with Rep. Joanna McClinton on Probation Reform

THURSDAY - 8/9/18 House Consumer Affairs 10:00 a.m., Room B31, Main Capitol Public hearing on small wireless cell deployment focusing on: HB 2564 Farry, Frank Act re small wireless facilities deployment

House Democratic Policy Committee 10:00 a.m., Temple University, Shusterman Hall, 1834 Liacouras Walk, Philadelphia Public Hearing with Rep. Jim Roebuck on: HB 2444 Roebuck, James Act re PA Promise Program & Fund

6 ***House Republican Policy Committee (New) 10:00 a.m., Tobyhanna Township Municipal Building, 105 Gov. Center Way, Pocono Pines Legislative hearing on frequent power outages, storm response and electric infrastructure concerns

TUESDAY - 8/14/18 House and Senate Veterans Affairs & Emergency Preparedness 10:00 a.m., PA State Fire Academy, 150 Riverside Drive, Lewistown Joint public hearing on: SR 6 Vulakovich, Rand Concurrent resolution re emergency services

***House Democratic Policy Committee (New) 3:00 p.m., Tom Ridge Environmental Center, Room 112, 301 Peninsula Drive, Erie Public Hearing with Rep. on Tourism’s Economic Impact

WEDNESDAY - 8/15/18 ***House Democratic Policy Committee (New) 9:00 a.m., Erie County Technical School, Cafeteria, 8500 Oliver Rd., Erie Public Hearing with Rep. Pat Harkins on Technical Education and Career Readiness

House and Senate Agriculture and Rural Affairs 10:00 a.m., Russell E. Larson Agricultural Research Center, Theatre Area of the College Exhibits Building, 2710 West Pine Grove Road (Route 45), PA Furnace Joint informational meeting on agriculture industry update

THURSDAY - 8/16/18 House Environmental Resources and Energy 9:00 a.m., Room 140 Main Capitol Informational meeting on: SB 799 Alloway, Richard Act re PA Clean Water Procurement Program

Independent Regulatory Review Commission 10:00 a.m., 14th Floor Conference Room, 333 Market Street, Harrisburg To consider the following regulations: 3208 Environmental Quality Board #7-550: U.S. Nuclear Regulatory Commission (NRC) Consistency Rule (Final-Omit) 3169 Environmental Quality Board #7-499: Radiological Health

MONDAY - 8/20/18 ***House Transportation (New) 1:30 p.m., Senator John Heinz History Center, 1212 Smallman Street, Pittsburgh Informational meeting on Allegheny County Port Authority Busway Extension

TUESDAY - 8/21/18 ***House Transportation (New) 9:00 a.m., Duquesne Club, 325 6th Avenue, Pittsburgh Informational meeting on Briefing on Norfolk Southern Projects

TUESDAY - 8/21/18 ***House Transportation (New) 10:00 a.m., Duquesne Club, 325 6th Avenue, Pittsburgh Informational meeting on Briefing on PennDOT Region Priorities

WEDNESDAY - 8/22/18 ***House Transportation (New) 10:00 a.m., Bedford County Airport, 697 Beldon Rd., Bedford Informational meeting on Drones

7 Senate and House Democratic Policy Committee 10:00 a.m., SCI Dallas, 1000 Follies Road, Dallas Joint policy hearing on criminal justice reforms

TUESDAY - 8/28/18 ***House Veterans Affairs & Emergency Preparedness (New) 10:00 a.m., Spring City State Veterans Home, 1 Veterans Drive, Spring City Public hearing on programs and assistance for Pennsylvania’s aging veteran population

THURSDAY - 9/13/18 Independent Regulatory Review Commission 10:00 a.m., 14th Fl. Conf. Rm., 333 Market St., Harrisburg To consider the following regulations: 3181 Department of Agriculture #2-185; Vegetable Marketing and Research Program 3179 Department of Agriculture #2-187; Weighmasters

TUESDAY - 9/18/18 Senate Veterans Affairs & Emergency Preparedness 10:00 a.m., Millvale Community Center, 416 Lincoln Ave., Pittsburgh Public hearing on flooding, landslides, and SB 1131 Costa, Jay Act re landslide insurance & assistance

THURSDAY - 9/20/18 House Human Services 10:00 a.m., Manor College, 700 Fox Chase Road, Jenkintown Public hearing on supporting the well-being of young adults leaving the foster care system

TUESDAY - 9/25/18 House Finance, House Local Government, and House Urban Affairs 8:30 a.m., Room 140 Main Capitol Joint public hearing on Act 47

8 Capitol Recap is a comprehensive daily report on legislative and executive actions in the Pennsylvania capitol and is compiled and edited by PLS.

For subscription information, questions or more information contact PLS at [email protected] or 717-236-6984.Thank you, Lynn, Kim, Jeff, Mike, Matt Hess, Nina, Matt Hykes, Deborah, Kara, Cheryl, Andre, Aaron, Becky, Amyra, Nick, Jessica, Nicole, Stephen, Robert and Derek.

Copyright © 2018. All materials contained in Capitol Recap are protected by US copyright law and may not be reproduced, distributed, transmitted, displayed, published, broadcast, or modified, in whole or in part, without prior written permission from Pennsylvania Legislative Services.

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