December 11, 2015

Weekly Wrap:

After nearly six months of a stalemate, this week brought the battle of the budgets. On Monday, the Senate passed S.B. 1073 (Browne, R-Lehigh), a General Appropriations bill carrying a $30.8 billion price tag. The bill, which represents at 7 percent increase in spending over last year’s budget, was agreed to by Gov. Wolf, the Senate Republicans, the Senate Democrats and the House Democrats. By Thursday, the Senate had passed bills amending the Public Welfare Code, the Administrative Code, the Fiscal Code and the Public School Code to accompany the spending bill and shipped them back to the House for concurrence. The Senate also advanced an amended version of H.B. 1690 (Turzai, R-Allegheny), providing for liquor modernization.

To read S.B. 1073, go to: http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2015&sessInd=0&billBody=S&billTyp=B&billNbr=1073&pn=1459

To read the Public Welfare Code omnibus bill, go to: http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=1322

To read the Administrative Code omnibus bill, go to: http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=0941

To read the Fiscal Code omnibus bill, go to: http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=1327

To read the Public School Code omnibus bill, go to:

http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=0530

To read H.B. 1690, go to: http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=1690

Meanwhile, the House Republicans have advanced a budget of their own; a leaner version more similar to what was sent to the Governor in June. On Tuesday, the House passed H.B. 1460 (Adolph, R-Delaware), a General Appropriations bill that comes at the lower cost of $30.3 billion; about 5 percent in new spending. House Republican leadership indicated that the additional funds would be raised by both recurring and non-recurring revenues.

The regular revenue raisers would include an additional tax on cigarettes, including a tax on roll-your-own smokes, e-cigarettes and smokeless tobacco, as well as a new state income tax on lottery winnings. A one-time cash infusion would come from the sale of various internet gaming licenses. Additional taxes to be imposed on internet gaming and slots at off-track betting sites are proposed, but likely wouldn’t yield any return until the rapidly approaching next fiscal year. Most of that legislation is still working its way through the amendatory process in the House.

Despite the House’s best efforts to draw a line in the sand, once the Senate received H.B. 1460, the first order of business was to gut it and amend it with the language of Senator Browne’s S.B. 1073.

At this point, with no consensus among the caucuses, it’s hard to predict what will happen next. Procedurally, the next move could be a conference committee for the budget and budget related bills, but that’s an exercise in futility unless there is an agreed plan to present at the conference committee report. Unless someone blinks, this budget impasse could creep into the New Year. (Keep in mind too, that the Governor already has to deliver his budget address for the 2016-2017 fiscal year on the first Tuesday in February).

Beyond the budget, there’s some other interesting news around the capitol. On Tuesday, the Pennsylvania Judicial Conduct Board filed formed charges against Supreme Court Justice J. Michael Eakin. The complaint alleges that Justice Eakin violated the Pennsylvania Constitution and the Code of Judicial Conduct. The allegations arise from his participation in the now infamous “Porngate” scandal. The Office of Attorney General and the Judicial Conduct Board investigated the matter and found emails sent and received from Eakin’s private email account that were demeaning to women, minorities and religious groups.

The complaint describes the Justice’s conduct as “so extreme that it brought the judicial office into disrepute.” In response, Justice Eakin stated that he has “cooperated with candor and openness and will continue to do so as the Constitutional process goes forward.” Next up for Eakin is a trial by the Court of Judicial Discipline, and if found guilty, a sentence ranging from reprimand to removal from the Court.

There’s more trouble for Attorney General Kathleen Kane, too. On Wednesday, the Senate approved a resolution to hold a hearing on her possible removal from office since her law license has been suspended. Kane and her lawyers are expected to testify at the hearing, which is scheduled for January 12.

Read the resolution here: http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=S&type=R&bn=0256

Finally, it almost went unnoticed that the Senate confirmed Tyree Blocker, Gov. Wolf’s nominee for Pennsylvania State Police Commissioner. Confirmation of a Pennsylvania State Police commissioner has been long awaited, since the Senate voted to not confirm Gov. Wolf’s original nominee, former Maryland state police superintendent Marcus Brown.

For more, go to: http://mobile.philly.com/beta?wss=/philly/news/politics&id=361360141

A Look Ahead:

Like last week, the current and following weeks seem to be running together. As of now, the House plans to return to session on Saturday and Sunday, and the Senate on Monday. No committee meetings have been posted yet, though we do expect plenty of Rules and Appropriations Committee meetings.

Check here for an updated committee schedule: www.legis.state.pa.us

The rare December budget session weekend has put a damper on some members’ plans to attend the annual Pennsylvania Society weekend in New York City.

Read about Pennsylvania Society here: https://www.buchanangovernmentrelations.com/pennsylvania-society/

In Other News:

The horse racing industry got a much needed boost this week: http://wallaby.telicon.com/PA/library/2015/2015121199.HTM