Volume 165, March 2011

Pennsylvania Volume 57, September 2006 Legisla tive Upd ate

From the Buchanan Ingersoll & Rooney State Government Relations Group

Inside This Issue Governor Tom Corbett is scheduled to deliver his first Budget Address to the General Assembly on Tuesday, March 8, 2011 Powelson Named 1 PUC Commissioner Powelson Named PUC Commissioner Introducing… 1 Governor Tom Corbett by the Senate on June 30, 2008. He Legislative Leaders Certified 3 appointed Robert F. was renominated for a five-year term as Members of the 2011 Powelson of Chester on February 12, 2009, and was again Legislative Reapportionment County to serve as unanimously confirmed on April 22, 2009. Commission chairman of the His term expires on April 1, 2014. Pennsylvania Public Insurance Issues may 4 Utility Commission Powelson was recently appointed as co-vice chair of the National Association be First Focus of New (PUC). Powelson of Regulatory Utility Commissioners Department of Drug has served as a PUC Robert F. Powelson (NARUC) Committee on Water. In addition, and Alcohol Programs commissioner since June 2008. he has been appointed to represent that committee on NARUC’s Task Force on Democrats Present 4 Powelson’s appointment to chairman Climate Policy. He is also a member of adultBasic Fix does not require confirmation by the the NARUC Committee on Critical Senate. He was first nominated by former Infrastructure and a member of the Liquor Store Privatization 5 Governor Rendell to a one-year term on NARUC Subcommittee on Nuclear Revenue Potential Debated the PUC and was unanimously confirmed Issues-Waste Disposal.

IRRC Sets Next Meeting 5

Legislative Actions 6 Introducing… The Pennsylvania General Assembly a series of articles designed to introduce Committee Actions 6 convened for its 2011-2012 session Buchanan’s clients and friends to the on January 4, 2011, welcoming one Legislature’s newest members in both Executive Nominations 7 of the largest freshmen classes in recent the House of Representatives and the and Appointments history. The following is the second in Senate.

Political Grapevine 8 Rosemary M. Brown (R) 189th House District (Monroe)

Rosemary Brown earned a degree in communications defeated incumbent from the University of Scranton. John Siptroth (D). After college she completed the Brown is the first executive management training program female state with Macy's. Brown had a career in retail representative from before moving on to the pharmaceutical Monroe County. industry where she was an executive She is a graduate manager and sales representative. of East Stroudsburg Rosemary Brown High School and Introducing , continued on page 2 Page 2

Introducing continued

Rosemary and her husband Joe, her high school sweetheart, have three children Kennedy, Carter and Reagan. Committee Assignments: Children and Youth; Commerce; Human Services; Tourism and Recreational Development (Subcommittee on Arts and Entertainment – chair ) Joe Hackett (R) 161st House District (Delaware)

Joe Hackett, 50, Hackett is a graduate of Cardinal O'Hara replaces Representative High School and the Delaware County Brian Lentz (D) who Community College Municipal Police retired to run for Academy. He co-founded and served as Congress. Hackett president of the Delaware County Law is a 26-year veteran Enforcement Memorial Foundation and of law enforcement, co-founded the Reunion Cup, an annual having worked as golf outing that has raised more than a police officer and $100,000 for local charities. Hackett is Joe Hackett detective with the also active in local youth sports. Ridley Township Police Department for more than 20 He and his wife Maureen have two sons, years. Most recently he served as a Joseph and Shawn. detective in Delaware County's Criminal Committee Assignments: Aging and Investigations Division. He was named Older Adult Services; Gaming Oversight; the Delaware County Police Emerald Urban Affairs ( Subcommittee on Cities, Society's Man of the Year and the Counties - First Class – chair ); and Delaware County Law Enforcement Veterans Affairs and Emergency Man of the Year. Preparedness Brandon Neuman (D) 48th House District (Washington)

Brandon Neuman, a master's degree from University of 29, replaces Pittsburgh School of Law. He received Representative his bachelor’s degree from University Tim Solobay (D) of Richmond, where he played football. who was elected to the State Senate. Two days prior to being sworn in, Neuman served as Neuman proposed to girlfriend an intern for Solobay. Carrie Sechler, 24. He is an attorney Committee Assignments: Aging and Brandon Neuman at Robert Pierce & Older Adult Services; Agriculture and Associates. Neuman Rural Affairs ( Democratic secretary ); received his J.D. from Duquesne and Consumer Affairs. University School of Law and received

Introducing , continued on page 3 Page 3

Introducing continued Justin Simmons (R) 131st House District (Lehigh)

Justin Simmons, 24, Senator Rob Wonderling. He was an defeated incumbent intern for then-U.S. Representative Rep. Karen Beyer (R) Pat Toomey. in the primary before going on to win Simmons is a graduate of Southern the general election. Lehigh High School and received his Simmons was the bachelor’s degree from St. Joseph's district director for University. Senator Bob Mensch Committee Assignments: Education; Justin Simmons and worked for Human Services; Insurance; Urban Affairs ( secretary )

Dan Truitt (R) 156th House District (Chester)

Dan Truitt, 41, Truitt attends St. Peter and Paul Church defeated incumbent in East Goshen Township and was an Barbara McIlvaine Eagle Scout. Smith (D). Truitt is the owner of Truitt Truitt and his wife Michele, a radiology Engineering. He technician at Paoli Hospital, have two graduated cum laude sons, Daniel and Mark. with a bachelor of Committee Assignments: Commerce; science in electrical Education; Local Government ( secretary ); Dan Truitt engineering from and Urban Affairs Villanova University and a master of science in computer science from West Chester University.

Legislative Leaders Certified as Members of the 2011 Legislative Reapportionment Commission

Senate President Pro Tempore Joe state House districts. Article II, Section 17, Scarnati (R-Jefferson) and Speaker of the state constitution names the four of the House Sam Smith (R-Jefferson) caucus floor leaders as members of the announced that they have officially Commission. They are to choose a fifth certified the four caucus floor leaders member, who serves as chair of the LRC. to serve on the 2011 Legislative The deadline for that selection is 45 days Reapportionment Commission (LRC). from certification, or April 4. Those leaders are: Senate Majority Leader Dominic Pileggi (R-Delaware), In January, the four caucus leaders House Majority Leader Mike Turzai announced that they are seeking (R-Allegheny), Senate Democratic applications from individuals interested Leader Jay Costa (D-Allegheny) and in serving as chair of the LRC. The House Democratic Leader Frank leaders indicated that at least one Dermody (D-Allegheny). public hearing will be held in March to interview applicants. The LRC is a five-member panel responsible for redrawing the boundaries for state Senate and Page 4

Insurance Issues May Be First Focus of New Department of Drug and Alcohol Programs

Insurance issues related to drug and and enforcement of Act 152 of alcohol addiction and treatment became 1988, requiring Medicaid to provide one focus at a recent House Human treatment for addiction in licensed Services Committee hearing on Act 50 residential treatment programs. of 2010. • Coordinate the interplay and Act 50 of 2010 creates the Department intersection between various state of Drug and Alcohol Programs. This and federal laws and regulation. new executive branch department will be chaired by a cabinet secretary and • Coordinate and organize statewide have its own budget, staff and offices. expansion of criminal justice treatment The new agency’s initial focus will be programs. to consolidate various state agencies, Beck also testified that within a year and committees, bureaus and programs a half of the establishment of the new dealing with drug and alcohol abuse department she would like to see the and addiction under the umbrella of agency address several insurance issues, one state agency. provide additional guidance to insurance Deb Beck, president of the Drug subscribers and implement prescription and Alcohol Service Providers drug monitoring. Organization of Pennsylvania, testified According to Beck, the current Bureau that implementation will include of Drug and Alcohol Programs pulling drug and alcohol prevention administers between $100 and $120 and treatment programs and functions million in federal and state moneys. out of the Department of Welfare. That bureau and the licensing bureau Additionally, Beck testified that her are expected to be transferred into the organization would like to: new department and an additional ten • See the new department work toward new staff are expected to be hired. The a comprehensive and organized effort fiscal note on the legislation passed last to enforce Act 106 of 1989 requiring year was $1.4 million. that insurers provide for the treatment Testimony from the Pennsylvania of addiction. Association of County Drug and Alcohol • Pull the Bureau of Managed Care in Administrators and the Pennsylvania the Department of Health into the Recovery Organizations Alliance called enforcement effort and ensure that the new department a reason to hope sample benefit booklets and consumer as it will bring a strategic and materials accurately reflect the terms comprehensive plan to the current of the law. system’s “hodgepodge” existence. Provisions of the current law must • Coordinate efforts with the also be fully enforceable, they said. Department of Public Welfare to provide a comprehensive review

Democrats Present adultBasic Fix

Senate Democrats announced a plan to Senate Democratic Leader Jay Costa allow the state to continue to run the (D-Allegheny) said that they presented a adultBasic health insurance program. “shared responsibility” funding plan to the The proposal, however, has not received state’s Blue Cross/Blue Shield companies support from Republican leaders or the and for-profit insurance companies that Corbett administration. The adultBasic would pay the $54 million needed to keep program, which provides health insurance the program alive through the remainder to 41,000 poor adults, is out of funding of the fiscal year. It would be funded with and expired on Monday, February 28. $25 million from the state, $25 million

Democrats Present , continued on page 5 Page 5

Committee Meeting Democrats Present continued Calendar

Editor's Note: For the most up-to-date from insurers and $4 million from program that has some structural listing of the standing committee meeting increased premiums. problems" and said that a better option schedule, please contact Buchanan Ingersoll would be to continue to transition State funding could come from the enrollees to the Special Care program. & Rooney's State Government Relations legislative caucuses’ reserve accounts or Center at 717 237 4800 or log on to a portion of the $265 million surplus in Pennsylvania’s Blue Cross and Blue http://www.legis.state.pa.us/cfdocs/legis/ the general fund, Costa said. Shield health insurers have been the home/session.cfm . primary contributors to the program Senate Democrats said they asked the since 2005, supplying more than $500 Wednesday, March 2 state’s insurers to respond by Friday, million of the program’s funding in its House Consumer Affairs Committee February 25 on whether they would be five-year agreement with the state. willing to financially support the plan. 9 a.m., Room B31 Main Capitol The committee will hold an informational Sam Marshall, president of the Insurance meeting to provide a general overview of Federation of Pennsylvania, said the fix the water and waste-water industry and would be "a temporary buy-in to a a summary of current issues facing the industry.

House Education Committee Liquor Store Privatization Revenue 9 a.m., Room G-50, Irvis Office Building Potential Debated The committee will hold a public hearing on economic teacher furlough legislation. With the privatization of the state’s revenues from the one-time sale of the Wine & Spirits stores considered one state’s 750 licenses would be as high House Tourism and Recreational of Governor Corbett’s priorities, the as has been predicted. Development Committee Senate Law and Justice Committee held The Commonwealth Foundation’s 9 a.m., Room 39, East Wing a hearing where experts disputed the initiative’s revenue potential for the Nathan Benefield said that one-time The committee will hear a presentation state. revenues of $1 billion to $2 billion are on the state’s initiatives to commemorate “reasonable.” He noted that in addition the 150th anniversary of the Civil War. Jim Sgueo of the National Alcohol to the sale of licenses, revenues would Beverage Control Association testified also come from the sale of state-store Senate Labor and Industry Committee that states that have privatized their real estate, inventories and wholesale 9 a.m., Hearing Room 1, wine and spirits sales have had a hard operations. North Office Building time maintaining state revenues. Those revenues are a combination between Additional hearings on the issue of The committee will hold an informational taxes, fees and sales profits. He also privatization of the state wine and hearing on workforce development issues. questioned whether the estimated spirit stores are expected. House Aging and Older Adult Services Committee 9:30 a.m., Room 205, Ryan Office Building IRRC Sets Next Meeting The committee will hear an introduction to the aging network by the Pennsylvania The Independent Regulatory Review During the meeting, the commission Area Agencies on Aging and the various Commission (IRRC) will hold its next is expected to consider regulation programs and services available. public meeting on Thursday, March 17, No. 2873 Pennsylvania Gaming 2011 at 10 a.m., 14th Floor Conference Control Board #125-129, Gaming House State Government Committee Room, 333 Market Street, Harrisburg. Junket Amendments. 9:30 a.m., Room 60, East Wing The committee will consider H.B. 370 (amends the Third Class City Code to further provide for sales of personal property) and H.B. 488 (authorizes Venango County to convey certain Project 70 lands in Oakland Township, Venango County, free of restrictions imposed by the Project 70 Land Acquisition and Borrowing Act).

Committee Meeting, continued on page 6 Page 6

Committee Meeting, continued from page 5 Legislative Actions Senate Communications and For the latest information regarding the on Clean and Green program lands. Technology Committee status of bills and resolutions, please The bill passed the House by a vote 9:30 a.m., Room 8E-B, East Wing contact Buchanan Ingersoll & Rooney’s of 148 to 52 and has been referred The committee will hold a public hearing State Government Relations Center to the Senate Agriculture and Rural to review existing health information at 717 237 4800. Affairs Committee. exchanges. H.B. 262 (Vereb, R-Montgomery) H.B. 38 (Caltagirone, D-Berks) House Professional Licensure Committee Provides for the transfer of the Bureau Amends Title 42 (Judiciary and Judicial 10 a.m., Room G-50, Irvis Office Building Procedure) to align the filing fees of Investigations and Enforcement from with the jurisdictional limits for the the Pennsylvania Gaming Control Board The committee will hold a briefing with Philadelphia Municipal Court and the to the Office of Attorney General. The the Bureau of Professional and Occupational Magisterial District Judges. The bill bill passed the House by a vote of 126 Affairs on their duties. passed the House by a vote of 197 to 72 and has been referred to the to 0 and has been referred to the Senate Community, Economic and Senate Aging and Youth Committee Senate Judiciary Committee. Recreational Development Committee. 10:30 a.m., Room 461 Main Capitol The committee will consider S.B. 449 H.B. 143 (Major, R-Susquehanna) (amends the Public School Code to provide Amends the Pennsylvania Farmland for child abuse recognition and reporting and Forest Land Assessment Act of training) and S.B. 639 (amends the Family 1974 to allow small non-coal mining Caregiver Support Act to further provide for intent, for definitions, for caregiver support program, for reimbursements and for entitlement not created). Committee Actions House Health and Senate Public For the latest information regarding the Judicial Procedure) to make a benevolent Health and Welfare Committees status of bills and resolutions, please gesture or admission by a health care 2 p.m., Hearing Room 1, contact Buchanan Ingersoll & Rooney’s provider inadmissible as evidence of North Office Building State Government Relations Center liability or as an admission against at 717 237 4800. interest. A similar provision is included The committees will hold a joint public for officers and employees of assisted hearing on the Department of Health’s care residences and personal care oversight of abortion clinics. Private Transfer homes. The bill is scheduled to be Fee Obligations voted this week. Thursday, March 3 House Education Committee The House Urban Affairs Committee reported H.B. 442 (Helm, R-Dauphin) Land Utilization 9 a.m., Room B31 Main Capitol which amends Title 68 (Real and The House Agriculture and Rural The committee will hold a public hearing Personal Property) to prohibit private Affairs Committee reported H.B. 144 on school construction legislation and transfer fee obligations. The bill received (Pickett, R-Bradford) which amends the Intermediate Unit transparency legislation. first consideration in the House and Pennsylvania Farmland and Forest Land is on the House tabled bill calendar. Assessment Act to add corrective House Transportation Committee language regarding when roll-back 9:30 a.m., Room G-50, Irvis Office Building K2 – Synthetic Marijuana taxes are due on an oil/gas well drilled on Clean and Green program land. The The committee will consider: H.B. 3 (amends The House Judiciary Committee reported bill is scheduled to be voted this week. Title 74 (Transportation) to provide for H.B. 176 (Mann, D-Lehigh) which public-private transportation partnerships) amends The Controlled Substance, Air Pollution Fines and H.B. 208 (amends Title 75 (Vehicles) Drug, Device and Cosmetic Act to add to further provide for duties of drivers in synthetic marijuana. The bill received The Senate Environmental Resources accidents involving death or personal injury). first consideration in the House and and Energy Committee reported is on the House tabled bill calendar. S.B. 151 (Pileggi, R-Delaware) which House Human Services Committee amends the Air Pollution Control Act Benevolent Gesture to require 25 percent of the sum 10 a.m., Room 140 Main Capitol collected for fines over $50,000 to be The committee will hold an informational or Admission returned to the municipality in meeting on county human services. The House Judiciary Committee which the incident occurred for parks, reported H.B. 495 (Gillespie, R-York) recreation projects, trails, or open space. which amends Title 42 (Judiciary and Committee Actions , continued on page 7 Committee Meeting, continued on page 7 Page 7

Committee Meeting, continued from page 6 continued House Democratic Policy Committee Committee Actions 10 a.m., Room 148, Main Capitol The bill is on second consideration which amends the Air Pollution Control The committee will hold a public hearing on the Senate calendar. Act to require proposed and final state on health care. implementation plans to be published Gas Well Spacing on the internet and to be provided to Monday, March 7 the chair and minority chair of the The Senate Environmental Resources and House and Senate Environmental Joint Legislative Conservation Committee Energy Committee reported S.B. 265 Resources and Energy Committees. 12 p.m., Room G-50, Irvis Office Building (M. White, R-Venango) which amends The bill received first consideration in the Coal and Gas Resource Coordination The committee will hold an environmental the Senate and was re-referred to the Act to provide for spacing requirements Senate Appropriations Committee. issues forum including a presentation on for gas wells. The bill is on second green building, with a special emphasis consideration on the Senate Calendar. on the role the forest products industry Pipeline Operators can play in green building standards. Hazardous Sites Cleanup The Senate Consumer Protection and Professional Licensure Committee Tuesday, March 8 The Senate Environmental Resources reported S.B. 325 (L. Baker, R-Luzerne) House Urban Affairs Committee and Energy Committee reported which creates the Gas and Hazardous S.B. 303 (M. White, R-Venango) which 9:30 a.m., Room 60, East Wing Liquids Pipelines Act to provide the amends the Hazardous Sites Cleanup Public Utility Commission with gas safety The committee will hold an informational Act to require assessed penalties to jurisdiction over gas and hazardous meeting on the Philadelphia Parking be deposited in the Hazardous Sites liquid pipeline operators who are not Authority. Cleanup Fund. The bill is on second public utilities. The bill is on second consideration on the Senate calendar. consideration on the Senate Calendar. Senate State Government Committee 9:30 a.m., Hearing Room 1, Air Pollution North Office Building The Senate Environmental Resources The committee will hold a public hearing and Energy Committee reported on S.B. 247 (amends the Right-to-Know S.B. 304 (M. White, R-Venango) Law to further provide for definitions; for Pennsylvania Interscholastic Athletic Association; for access, requests, record, public record exceptions, for agency Executive Nominations and Appointments response and filings and for the Office of Open Records). The Senate Environmental Resources Lawrence J. Tabas of Penn Valley and Energy Committee will hold a was named by Governor Corbett House Human Services Committee confirmation hearing to consider the as his appointee on the Independent 10 a.m., Room B31 Main Capitol nomination of Michael Krancer as Regulatory Review Commission. The committee will consider: H.R. 42 Department of Environmental Protection Secretary on Wednesday, March 2 Governor Tom Corbett has named his (a resolution urging the Department of regional office directors. Mary Ann Health to revise its disease monitoring at 9:00 a.m. in Room 156 of the Main Capitol. Eisenreich of McCandless, Allegheny practices); H.B. 272 (establishes a task force County will lead the Southwest office; on Lyme disease and related maladies); The Senate Law and Justice Committee Harry Forbes of Milford Township, H.B. 486 (changes the name of the will hold a confirmation hearing to Pike County will head the Northeast Department of Public Welfare); and consider the nomination of Frank office; Adam Gattuso , of Hatfield, H.B. 152 (amends the Public Welfare Noonan as Commissioner of the Montgomery County will take the Code to further provide for registration State Police on Wednesday, March 2 reins of the Southeast office; and certificate application, issuance of certificate at 10 a.m., Room 8E-B, East Wing. David Mitchell of Corry, Erie County, and records and to provide for disclosure will serve as director of the Northwest and for emergency disclosure). The Senate Education Committee will office. hold a confirmation hearing to consider Thursday, March 10 the nomination of Ronald Tomalis as Department of Education Secretary House Liquor Control Committee on Monday, March 7 at 12:30 p.m. 10:30 a.m., Room 205, Ryan Office Building in Room 8 E-B, East Wing. The committee will hold a public meeting Governor Tom Corbett nominated Linda with the Liquor Control Board to discuss Kelly of Edgewood as Attorney General. their duties. Her confirmation requires a two-thirds vote by the Senate. Page 8

Political Grapevine

The Republican Party of Pennsylvania In 2002, Covey was appointed by endorsed Vic Stabile of Cumberland Governor Mark Schweiker to serve County for Superior Court and as the first female member of the Anne Covey of Bucks County for Pennsylvania Labor Relations Board. Commonwealth Court. She is the owner of Covey & Associates, P.C. where she practices in all areas Stabile is a partner with Dilworth, of labor and employment law. She Paxton, LLP in Harrisburg, where currently resides in New Hope, Bucks he practices complex civil and County, Pennsylvania with her family. commercial litigation. He resides in Carlisle, Cumberland County, Pennsylvania with his family.

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