July 29, 2016 IN THIS ISSUE Co-Sponsor Memos Bill Actions Press Conferences PA Bulletin Upcoming Events Session Schedule In the News Co-Sponsor Memos HCO3439 Boback, Karen Provides civil immunity for any damage that may be done to the vehicle when forceful entry is necessary to rescue a child. Bill History: 07-25-16 H Filed HCO3443 Kim, Patty Grants PA courts greater discretion in determining whether or not to send conviction records of those convicted of the offense of possession of a small amount of marijuana to PennDOT. Bill History: 07-27-16 H Filed HCO3445 Conklin, Scott Requires any emergency vehicle transporting a police dog to be equipped with a K-9 heat-detection device. Bill History: 07-28-16 H Filed Bill Actions HB 2270 Metzgar, Carl Act designating a bridge on that portion of State Route 2016 over the Casselman River, Rockwood Borough, Somerset County, as the PFC Alton Glenn Sterner Memorial Bridge. Bill History: 07-26-16 H Filed 07-28-16 H Introduced and referred to committee on House Transportation Press Conferences SENATOR RAFFERTY TAKES QUESTIONS FROM PENNSYLVANIA PRESS CLUB By Mark W. Wolfe, Pennsylvania Legislative Services Intern | July 25, 2016 This afternoon the Pennsylvania Press Club held one of their regular luncheons. The guest of honor was Senator John Rafferty (R-Montgomery), Republican candidate for Attorney General. Sen. Rafferty began by stating that during this election cycle, he has seen the most public interest in what exactly the Office of Attorney General (OAG) does, and what he would do to “right the ship” of the office. He emphasized the AG’s dual role as the chief law enforcement official and the chief lawyer of the commonwealth, positions that he said must be filled by an individual with broad range of legal experience. Sen. Rafferty listed his experience with prosecuting Medicaid fraud cases in OAG and civil litigation focusing on education, real estate, business, zoning, and mental health law in private practice - credentials which he said outpace the real world and legal experience of his opponent, Josh Shapiro, also of Montgomery County. Sen. Rafferty also touted his 13 years as a legislator, during which, he said, he defended Pennsylvania families and stood with police officers in the fulfillment of their duties. PLS’s Transportation Recap – Copyright 2016 – Pennsylvania Legislative Services – www.mypls.com July 29, 2016 Sen. Rafferty declared OAG not to be an office for political activism, instead one that should focus on enforcing the laws of the commonwealth and protecting its residents. Recently, he said, the office has been used for political gain and personal vendettas, miring OAG in scandals and reducing the morale of staff and trust from the public. Joking that some consider “AG” to stand for “aspiring governor,” Sen. Rafferty stated that he intends to seek no higher office than Attorney General, which he said makes him the candidate who will restore integrity to the office. Moving on to policy matters of importance, Sen. Rafferty lamented the continuation of “pay-to-play” despite increased prosecutions against elected officials. He firmly declared that this culture must end not just in Harrisburg, but in county courthouses as well; that all public officials must take seriously their role as stewards of taxpayer dollars. Next, Sen. Rafferty said that his OAG would partner with district attorneys (DAs) to deal with the heroin “crisis,” emphasizing that this situation merits a more urgent term than “epidemic.” He stated that DAs are uniquely qualified to deal with street dealers, while OAG focuses resources from wiretaps to grand juries for mid- and high-level distribution operations. While supporting a measure to impose mandatory minimum sentences on drug dealers, Sen. Rafferty acknowledged that the commonwealth cannot “jail our way out” of the heroin crisis. So, he continued, his campaign has spoken to medical professionals about treatment for nonviolent offenders, something which he has had personal experience with as a member of the steering committee for the commonwealth’s Veterans Courts. Sen. Rafferty stated that his office would send agents and former addicts to educate students on the dangers of drug use and addiction. Another priority of his office, Sen. Rafferty said, would be Pennsylvania’s children and seniors. On the former, he emphasized that he has “zero tolerance” for child abusers. He emphasized his work in the Senate to bring Jessica’s Law to the commonwealth, address the “Kids for Cash” scandal, tighten restrictions on Megan’s Law, and increase penalties for individuals charged with driving under the influence with minor children in the car, all of which, he said, fostered for Pennsylvania children a “safe environment to thrive and to grow.” For senior residents, Sen. Rafferty said that his office would, possibly through the use of tourism revenue, help educate older individuals on fraudulent phone calls and other communications that seek personal information. Sen. Rafferty stated that his OAG would seek to accomplish these goals through the creation and maintenance of consensus and coalitions, which he said he has done during his time in the Senate for landmark legislation such as the comprehensive transportation funding law, Act 89 of 2013. He hopes to work closely with DAs, state agencies, and other elected officials. Sen. Rafferty concluded by reiterating that the “awesome authority” of Pennsylvania’s Attorney General must be wielded by someone who understands the office and is committed to be AG, not any other position. He described himself as an “independent leader” with a “plan and a vision to move the commonwealth of Pennsylvania forward,” unmatched experience, and the right temperament and values for the job. Sen. Rafferty then took questions from those present. Do you think it is appropriate for the state’s Attorney General to sue the state, as Shapiro has said he would do over education issues? The Commonwealth Attorneys Act states that the AG must defend the commonwealth against lawsuits. Further, the appropriation of education funding is left to the Legislature and Governor under the state constitution. I would not let a judge determine how taxpayer dollars will be distributed. The AG does not sue the state, and I would not. What do you think First Deputy AG Bruce Castor should do about the potential release of the email report? Should it be released before or after Kathleen Kane’s trial? First of all, my campaign has already laid out a policy for proper use of government property. On this matter, OAG should have made any information public from day one, not piecemeal for any hidden agenda. Now, at such a critical stage, Castor should wait until after the trial to avoid prejudice in the jury pool, especially since the individual who conducted the study of the emails found no criminal activity. What if some of the people in the Montgomery County court system were involved in the exchange of these emails? Knowing the individual referenced in this question, he would file motions to disqualify any individuals who may fall into this category. It does not benefit the goal of a fair trial to release this information before the trial and possibly prejudice the jury pool. How do you proposed eliminating pay-to-play without addressing limitations on campaign contributions? I was a member of the ad hoc committee to reform political campaigns when I was first elected to the Senate. Public officials should have the “intestinal fortitude” to do what is right and not consider a campaign contribution to unlock a PLS’s Transportation Recap – Copyright 2016 – Pennsylvania Legislative Services – www.mypls.com July 29, 2016 door to favors. Integrity in office is essential in Harrisburg and in local governments, and anyone who does not face up to that should not run for public office. Do you believe that Hillary Clinton should have been prosecuted for her use of a private email server during her time as Secretary of State? Given the recent hacking scandal, the safety of a private server is called into question. I believe that Clinton acted in gross negligence and should have been prosecuted. I would like to know my opponent’s view on this. It was recently reported that Kathleen Kane spent $400,000 on outside legal fees for lawsuits brought by former employees. What is your opinion on this situation? There are extremely good professionals in that office whose morale has been devastated. Better management techniques and integrity in office could have eliminated the possibility of these lawsuits and used these hundreds of thousands of dollars to fight the heroin epidemic or protect senior residents. Personal vendettas in OAG must stop. What is the status of your reform bill on the Delaware River Port Authority (DRPA)? I have worked on DRPA reforms for about six years. One bill, SB 286, gives Pennsylvania’s governor a power enjoyed by New Jersey’s, veto power over state delegation actions. The second, SB 287, is more comprehensive, outlawing pay-to-play and adding further transparency measures, including requiring Senate confirmation of the Governor’s appointees to the commonwealth’s DRPA delegation. The Governor has stated that he would veto this bill, but he should sign it if he believes in a fair and accountable government. Because of this stated opposition, however, these “much needed” reforms are idle in the House of Representatives, having passed through the Senate. You have criticized Shapiro over “sanctuary cities.” What can OAG do about that? Is it more of a federal issue? I think that this is a state issue because state resources are spent in these areas. I support a measure, SB 997, which would outlaw sanctuary cities in Pennsylvania. Undocumented people are in these cities, which means that undocumented people committing crimes may be there.