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July 31, 2007
Pennsylvania Senate Republican News
Brief
"Seven taxes proposed. Zero approved."
-- Senate Appropriations Committee Chairman Gib Armstrong
(R-Lancaster)
on Senate Republican rejection of more than
$2.5 billion in tax increases proposed by Gov. Rendell.
 
Preview
OVERHAUL OF RIGHT-TO-KNOW
LAW IS TOP FALL PRIORITY
THE SENATE RETURNS TO
VOTING SESSION IN SEPTEMBER,
with improvement of Pennsylvania's Right-to-Know Law a top priority for the
fall session. Senate Majority Leader Dominic
Pileggi (R-Delaware)
introduced Senate Bill 1 earlier this year to strengthen and expand the law.
Since introducing the bill, he has announced his support for changing the
presumption in the current law so that all government records are presumed to be
open unless they fall under a specific exception established in law.Review
2007-08 BUDGET: SENATE GOP
REJECTS GOVERNOR'S PROPOSED TAX INCREASES
PENNSYLVANIA TAXPAYERS WERE SPARED more than $2.5 billion in tax increases
sought by the Rendell Administration this year.
Under the 2007-08 state budget, all of Gov. Rendell's seven proposed tax
increases were rejected, including a sales tax hike, an electricity tax, a
payroll tax on job creators, and a tax on trash collection. In addition,
Republicans insisted that about $160 million be added to the state's Rainy Day
Fund in the event of unforeseen fiscal issues in 2007-08.
While the administration sought to link passage of the budget to the approval
of Gov. Rendell's energy legislative package, Republicans successfully argued
that the issues should be considered separately.
The $27.178 billion spending plan represents a modest 3.3 percent increase
over the final 2006-07 budget. In addition, $317.5 million of funding for mass
transit was moved into a dedicated fund. If you include this amount in the
spending level, the total is $27.495 billion, which represents a growth rate of
4.5 percent over the final 2006-07 budget.
"We have made a good start on controlling state spending, and it is clear
that we have more work to do next year," said Senate Appropriations Committee
Chairman Gib Armstrong (R-Lancaster).
(For more on the budget, please see
In the Spotlight
and Fast Facts,
below.)
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Senator Pileggi
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Senator Armstrong
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Senator Corman
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Senator Gordner
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Senator Robbins
SENATE APPROVES PLAN TO
REDUCE HEALTH CARE-ASSOCIATED INFECTIONS
LEGISLATION DESIGNED TO REDUCE the number of health care‑associated
infections was approved by the Senate and signed into law.
Act 52 of 2007, sponsored by Senate Public Health and Welfare Committee
Chairman Ted Erickson (R-Delaware), will establish the roles of state
government and health care facilities in reducing the incidence of infections.
The Centers for Disease Control and Prevention estimates that health
care-associated infections affect two million patients a year, with more than
100,000 dying from bacteria that are increasingly resistant to common
antibiotics. The estimated average additional cost for patients with an HAI is
$8,832.
Act 52 requires that all health care facilities, including hospitals, nursing
homes and ambulatory surgical facilities implement infection control plans, and
provide for incentive payments for health care facilities that reduce HAIs. The
federal Centers for Disease Control and Prevention's National Healthcare Safety
Network internet-based surveillance system will be the primary means for
hospitals to report health care‑associated infections.

SENATE ESTABLISHES LICENSING
STANDARDS FOR ASSISTED LIVING FACILITIES
ASSISTED LIVING FACILITIES WILL BE LICENSED under legislation approved by the
Senate and sent to the governor.
Senate Bill 704, sponsored by Senate Aging and Youth Committee Chair Pat
Vance (R-Cumberland), defines assisted living residences and the services
that may be offered. It sets minimal standards for the regulation of the
industry by the Department of Public Welfare and supports the general philosophy
that individuals should be permitted to remain in a home-like atmosphere of
their choice for as long as possible.
Although many personal care homes often refer to themselves as assisted
living facilities, there currently is no official licensure category for this
type of care. By creating this type of license, citizens will be able to
determine what kind of services to expect and whether the setting will address
their needs.

SENATE ACTS TO PUT PERSONAL
CARE HOME INFO ON THE WEB
THE LICENSURE STATUS OF FACILITIES CARING FOR THE ELDERLY and disabled will
be available via the Internet under legislation approved by the Senate.
The state Department of Public Welfare disclosed earlier this year that 73
percent of personal care homes in the state have not been inspected on time.
Senate Bill 811, sponsored by Senate Aging and Youth Committee Chair Pat
Vance (R-Cumberland), would require the creation of a website with licensing
and certification information on nursing homes, personal care homes and
domiciliary care homes. The data would include information on violations of
statute or regulation by the facility and any corrective action taken.
"Although the Department of Public Welfare is working to improve its
inspection timetable for personal care homes, families have a right to know if
their loved one is in a facility without a current inspection," Senator Vance
said. The bill was sent to the House of Representatives.

MEASURE SEPARATING STATE,
FEDERAL JUDICIAL SALARIES BECOMES LAW
LEGISLATION THAT WOULD ELIMINATE THE TIE-IN between federal judicial salaries
and those of Commonwealth judges was signed into law.
Act 30 of 2007 was amended to include language from Senate Bill 44,
introduced by Senate State Government Committee Chairman Jeffrey Piccola
(R-Dauphin) in response to a Pennsylvania Supreme Court ruling last year
that partly reinstated a pay raise repealed by legislators.
The ruling said only judges should receive the raise, not the legislators or
other government employees who originally qualified. The court found the repeal
law violated the constitutional provision that prohibits the reduction of
compensation during a judge's term in office. As a result, the repealed 2005
pay raise remains in effect for judges, tying their salaries to their federal
counterparts.
The new law includes a provision to raise judicial salaries by $1, bolstering
its chances of withstanding a court challenge.
SENATE APPROVES MEASURE
TO HELP CANCER PATIENTS ACCESS MEDICINES
THE SENATE PASSED LEGISLATION TO ESTABLISH a cancer drug repository in
Pennsylvania, helping uninsured patients and those in need to gain access to
safe, unused cancer medications.
Under
Senate Bill 638, sponsored by Sen. Rob Wonderling (R-Montgomery),
cancer patients who are uninsured or underinsured could access these
medications through a network of participating pharmacies and medical
clinics.
The American Cancer Society has stated that unused cancer medication is a
valuable resource for low-income patients. Under Sen. Wonderling's
legislation, a health care facility, health clinic, hospital, pharmacy or
physician's office could return unused drugs. Only medications in their
original, sealed, and tamper-resistant packaging would be accepted and
dispensed. The bill was sent to the House of Representatives.
 
SENATE EXTENDS SUNSHINE
LAW COVERAGE TO PANEL OVERSEEING MEDICAID DRUGS
LEGISLATION THAT EXTENDS SUNSHINE LAW COVERAGE
to the committee overseeing drugs
for Medical Assistance recipients has been signed into law.
Senate Public Health and Welfare
Committee Chairman Ted Erickson (R-Delaware)
added an amendment to House Bill 1367, now
Act 16 of 2007, to require the Pharmaceutical and Therapeutics Committee
in the Department of Public Welfare to conduct its meetings in accordance
with the state Sunshine Act. As a result, all meetings of that committee,
including those at which votes are taken, must be open to the public, with
advance public notice.
The Pharmaceutical and Therapeutics
Committee, whose members are selected by the Pennsylvania Department of
Public Welfare, reviews and makes recommendations on which drugs will be
available to Medical Assistance recipients. These recommendations can have
dramatic consequences both for the health of patients and the cost to
taxpayers.
SENATE VOTES TO BAN
"LAME DUCK" VOTING SESSIONS
TAKING ANOTHER STEP TOWARD LEGISLATIVE REFORM
in Pennsylvania, the Senate approved
a measure introduced by Sen. Bob Regola (R-Westmoreland) calling for
a constitutional amendment to eliminate "lame duck" voting sessions --
voting that occurs after a general election and before the start of a new
legislative session.
As an amendment to the state
Constitution,
Senate Bill 468 must be approved in two separate legislative sessions
and by the voters as a referendum.
Senator Regola said: "In the past,
lame duck sessions have been used to consider and vote on volatile or
unpopular issues such as tax increases, state borrowing or pay raises. This
must stop."
 
SENATE MAKES
CONSOLIDATED STATUTES INTERNET-ACCESSIBLE
AS PART OF ITS EFFORT TO MAKE STATE GOVERNMENT MORE TRANSPARENT,
the Senate changed its rules to
require the placement of the acts and statutes of the Pennsylvania state
legislature on the Internet.
Sen. Jake Corman (R-Centre)
introduced legislation in the current (SB 422) and past legislative sessions
that would require the Legislative Data Processing Committee to place
Pennsylvania statutes on its website and make them available to the public.
As of July 13, Pennsylvania's
consolidated statutes can be searched under "Law
Information."

SENATE VOTES TO EXPAND
SCOPE OF PRACTICE, PROVIDE HEALTH CARE FLEXIBILITY
THE SENATE APPROVED A PACKAGE OF BILLS
designed to lower health care costs
by giving health care facilities more flexibility in staffing.
The bills were previously approved by
the Senate Consumer Affairs and Professional Licensure Committee, chaired by
Sen. Tommy Tomlinson (R-Bucks). All of the changes include patient
protections.
Act 46 of 2007 increases the
number of physician assistants that may be supervised by a physician from 2
to 4.
Act 47 of 2007 does the same
as House Bill 1251, for osteopathic facilities.
Act 48 of 2007 allows
certified nurse practitioners to order certain equipment and care, make
referrals for certain types of therapy and dietitian referrals, and other
functions.
Act 49 of 2007 requires
clinical nurse specialists to maintain professional liability coverage under
MCARE as a nonparticipating health care provider and specifies that they may
not participate in the MCARE fund.
Act 50 of 2007 authorizes nurse-midwives to
prescribe, dispense, order and administer specific drugs.
LEGISLATION TO IMPROVE
ACCESS TO DENTAL CARE PASSED BY SENATE
THE SENATE APPROVED A NEW LAW sponsored
by Sen. Pat Vance (R-Cumberland) to address the needs of those
without access to routine, preventive dental services.
The senator noted that the Commonwealth
currently requires professional dental services to be delivered by or under
the supervision of a dentist. This becomes a barrier for low income
individuals to address their dental needs. There is an acute shortage of
dentists willing to treat individuals on Medical Assistance and as a result,
these individuals often only receive dental care when it is absolutely
necessary.
Act 51 of 2007 allows public health dental hygiene practitioners to
provide services within their current scope of practice, in specified
institutions such as nursing homes, schools, mobile dental units and
correctional facilities without the supervision of a dentist. The dental
hygiene practitioner would have to be certified by the State Board of
Dentistry as having completed 3,600 hours of practice under the supervision
of a licensed dentist and have a malpractice policy.

SENATE PROHIBITS
TAXPAYER-FUNDED AUTOMATED CALLS
THE SENATE APPROVED A RESOLUTION
ensuring that public funds
appropriated to the Senate will not be used to pay for automated telephone
calls, also known as robo-calls.
Senate Resolution 153, sponsored by Senate Majority Leader Dominic
Pileggi (R-Delaware), prohibits the use of funds appropriated to the
Senate to pay or reimburse for costs associated with the use of automatic
dialing-announcing devices.
In the Spotlight
IF NOT OPPOSED BY THE SENATE,
the governor's proposed tax increases
would have cost each Pennsylvania family of four nearly $800 annually.
-
Sales
Tax Increase ($1.4 billion)
-
Oil
Company Gross Profits Tax ($760 million)
- Health Plan Tax ($60.4 million)
- Municipal Solid Waste Fees ($46
million)
- Energy Use Tax ($75 million)
- Cigarette Tax ($49.7 million)
- Cigar/Loose Tobacco Tax ($27.8
million)
The budget funds the Resource Enhancement
and Protection Act (REAP) to support conservation measures on Pennsylvania
farms by providing transferable state tax credits to farmers who plan and
implement highly effective conservation practices.
The education budget was increased by
$6.2 percent – almost twice as much as overall spending, with basic education
seeing a $167 million increase. The Senate plan restored $5.3 million in
biotech research.
Fast Facts
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STATE BUDGET ENACTMENT
DATES: 10-YEAR HISTORY*
| 1997 |
May 6 (Gov. Ridge) |
| 1998 |
April 22 (Gov. Ridge) |
| 1999 |
May 5 (Gov. Ridge) |
| 2000 |
May 24 (Gov. Ridge) |
| 2001 |
June 22 (Gov. Ridge) |
| 2002 |
June 29 (Gov.
Schweiker) |
| 2003 |
Dec. 23 (Gov. Rendell) |
| 2004 |
July 4 (Gov. Rendell) |
| 2005 |
July 7 (Gov. Rendell) |
| 2006 |
July 2 (Gov. Rendell) |
| 2007 |
July 17 (Gov. Rendell) |
* Fiscal Year Begins July 1 |
Questions or Comments?
Contact the
Senate Republican
Communications Office or call 717-787-6725.
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