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COMMONWEALTH OF PENNSYLVANIA HOUSE OF REPRESENTATIVES APPROPRIATIONS COMMITTEE HEARING STATE CAPITOL MAIN BUILDING ROOM 140 HARRISBURG, PENNSYLVANIA THURSDAY, FEBRUARY 21, 2013 3:30 P.M. PRESENTATION FROM OFFICE OF ATTORNEY GENERAL BEFORE: HONORABLE WILLIAM F. ADOLPH, JR., MAJORITY CHAIRMAN HONORABLE RYAN AUMENT HONORABLE KAREN BOBACK HONORABLE GARY DAY HONORABLE GORDON DENLINGER HONORABLE GARTH EVERETT HONORABLE MAUREE GINGRICH HONORABLE SETH GROVE HONORABLE TOM KILLION HONORABLE DAVID R. MILLARD HONORABLE DUANE MILNE HONORABLE MARK T. MUSTIO HONORABLE DONNA OBERLANDER HONORABLE BERNIE T. O'NEILL HONORABLE MICHAEL PEIFER HONORABLE SCOTT A. PETRI HONORABLE JEFFREY P. PYLE HONORABLE CURTIS G. SONNEY ————————— JEAN DAVIS REPORTING 285 EAST MANSION ROAD • HERSHEY, PA 17033 Phone (717)503-6568 1 BEFORE (cont.'d): 2 HONORABLE JOSEPH F. MARKOSEK, MINORITY CHAIRMAN HONORABLE MATTHEW D. BRADFORD 3 HONORABLE MICHELLE F. BROWNLEE HONORABLE MIKE CARROLL 4 HONORABLE H. SCOTT CONKLIN HONORABLE MADELINE DEAN 5 HONORABLE DEBERAH KULA HONORABLE TIM MAHONEY 6 HONORABLE MICHAEL H. O'BRIEN HONORABLE CHERELLE L. PARKER 7 HONORABLE JOHN P. SABATINA HONORABLE STEVEN SANTARSIERO 8 9 ALSO IN ATTENDANCE: 10 DAVID DONLEY, REPUBLICAN EXECUTIVE DIRECTOR DAN CLARK, REPUBLICAN CHIEF COUNSEL 11 MIRIAM FOX, DEMOCRATIC EXECUTIVE DIRECTOR HONORABLE TODD STEPHENS 12 HONORABLE DICK STEVENSON HONORABLE MIKE VEREB 13 HONORABLE TIM BRIGGS HONORABLE VANESSA BROWN 14 HONORABLE TOM CALTAGIRONE HONORABLE DOM COSTA 15 HONORABLE PAMELA DeLISSIO HONORABLE BILL KELLER 16 HONORABLE PHILLIS MUNDY 17 18 JEAN M. DAVIS, REPORTER NOTARY PUBLIC 19 20 21 22 23 24 25 2 1 I N D E X 2 TESTIFIER 3 NAME PAGE 4 KATHLEEN KANE 5 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 P R O C E E D I N G S 2 * * * 3 MAJORITY CHAIRMAN ADOLPH: Thank you. I'd like 4 to call to order the House Appropriation Budget Hearing on 5 the Pennsylvania Attorney General's Office. 6 My name is Bill Adolph. I'm the Republican 7 Chairman of the House Appropriations Committee. And I 8 would like to welcome our newly elected and sworn in 9 Pennsylvania Attorney General. Welcome. 10 ATTORNEY GENERAL KANE: Thank you. 11 MAJORITY CHAIRMAN ADOLPH: Chairman Markosek for 12 any open comments. 13 MINORITY CHAIRMAN MARKOSEK: Just briefly. 14 Congratulations on winning the Office. We're 15 looking forward to working with you. I'm not going to have 16 any immediate questions. I'll let the members use my time 17 for that. 18 But I want to welcome you aboard. We're glad to 19 have you here today. 20 ATTORNEY GENERAL KANE: Thank you, Mr. Chairman. 21 MAJORITY CHAIRMAN ADOLPH: I want to thank the 22 Attorney General for stopping by my office last week and 23 introducing herself to me and the staff and briefing us on 24 some of their budget concerns. It was a good experience. 25 And I said that we won't be too hard on you today. 4 1 ATTORNEY GENERAL KANE: You did say that. 2 MAJORITY CHAIRMAN ADOLPH: If you would like to 3 open up with any opening comments, go right ahead, General. 4 ATTORNEY GENERAL KANE: Yes, sir. Thank you. 5 Thank you, everyone, for having me here. I 6 appreciate the opportunity to let you know the state of the 7 Office at this point and what the budget looks like for us 8 for the year of 2013. 9 Right now the flat funding that has been proposed 10 by the Governor puts us at about $78 million. During the 11 past year, we have had increases in expenses, including 12 salary, health benefits, as well as pension payouts that 13 increase our expenses 7.8 percent, which amounts to about 14 $6 million. 15 If we are flat funded in conjunction with the 16 increase in the 7.8 expenses, we will actually be losing $6 17 million this year. We will not be able to maintain the 18 current levels that we maintained for 2012. That would 19 mean approximately 57 positions would need to be cut. We 20 have not, at this point, even filled 31 of those positions. 21 We would have to look at closing some offices. And I 22 believe that that puts Pennsylvania in unsafe territory, to 23 be quite frank with you. 24 I believe that the most basic function of our 25 government is to protect the public. I know that that's a 5 1 concern of every one of yours and every one of your 2 constituents. We are requesting to be level funded for 3 2012 as opposed to flat funded for 2013. That would mean 4 approximately a $6 million increase. And again, that is 5 just to maintain the levels that we had last year. 6 We are also requesting funding of approximately 7 $7 million. Three million and some change is for a Violent 8 Street Crime Unit that we believe is absolutely necessary 9 to the protection of Pennsylvania. 10 You will see in the packet that we have handed 11 out to you, there are Mexican cartels that have moved into 12 Pennsylvania at an alarming, alarming rate. Traditionally 13 in years past, in the past decade or so, Mexican cartels 14 stayed to the west of the Mississippi. We have learned 15 through Intelligence through the Federal authorities as 16 well as through NAAG and CWAG that they have moved to the 17 east of the Mississippi and that they have moved into 18 Pennsylvania. 19 What you will see on your map -- if you turn to 20 this map with all of the red dots, those are the Mexican 21 cartels that have been identified by National Intelligence 22 Agencies. And as you can see, they are in Pennsylvania. 23 The reason for that is they have realized that 24 the marketplace here is strong. They are producing crystal 25 meth, which is cheap to produce. It's easy and it brings a 6 1 greater high. So they have begun a marketing campaign. 2 They are a little bit ahead of us at this point. We are 3 requesting the additional funding so that we are able to 4 stay on top of it and to combat them. 5 I want to let you know that we have a footprint 6 in that area at this point right now. But there's no way 7 we can keep up with them without the additional funding. 8 We have some cases that are presently pending. 9 They are under seal. And I am sorry I'm not allowed to 10 speak about it. But I will tell you that they're 11 frightening. So the Violent Street Crime Unit will also be 12 mobile. It will move into the corridors that need it the 13 most. 14 For example, around the Reading, Hazleton, 15 Lancaster area, they are being hit by crime at another 16 alarming rate. And I know that you know this, but I want 17 you to know that I feel that crime is not just a matter of 18 public safety, it's also an economic issue. 19 The neighborhoods are being run over because you 20 can't start a new business in Hazleton. No one is going 21 downtown. They're too afraid of even hitting the city 22 streets past dark. So it's a matter of public safety. 23 It's a matter of economics. We have to do something to 24 help these people. 25 When I was sworn in, I told everyone that we have 7 1 an initiative. It's a Mobile Street Crimes Unit. We're 2 coming to their areas to help them. The very next day we 3 got a call at our office from a woman who was shot in the 4 face and in the back while she was six months pregnant. 5 And she said, I hope she means what she says because we 6 really need the help. So it's now to the point where I 7 think that we have to do something about it. 8 Our other initiative is to increase our Child 9 Predator Unit. We have some exciting developments in the 10 Unit. We brought on the commander of ICACT, which is the 11 Internet Crimes Against Children Task Force. And he is now 12 the head of our Bureau of Special Investigation. The Child 13 Predator Unit falls under that bureau. He is an expert in 14 his field. 15 We have identified in Pennsylvania 2,800 IP 16 addresses where they are sharing child pornography. That 17 is just in Pennsylvania. If we started now, we could 18 arrest numerous people every single day. We need to keep 19 up with them. 20 We need to be a leader. The Office of Attorney 21 General needs to be a leader in the Internet Predator Unit 22 because we have the resources, we have the training, we now 23 have the computer programs that we did not have in years 24 past that we can actually identify where the computer is 25 and we can zone in within five miles. So we actually have 8 1 a great opportunity to make these arrests. 2 I believe that obviously our children are the 3 most important people to us. And we have had an alarming 4 rate of travelers. 5 In the past week, we arrested three travelers, 6 mostly in York County, Lancaster County. Just today we 7 made an arrest in Montgomery County on a child pornography 8 case.