Legislative Update
Legislative Update
May 2, 2024
Both the House and the Senate were in session this week, and both will return to session on Monday.
DOE Secretary speaks at Press Club luncheon
Pennsylvania Education Secretary Khalid Mumin spoke at the Pennsylvania Press Club’s monthly luncheon on Monday. Mumin spoke about education proposals in Gov. Josh Shapiro’s budget, and also addressed the controversial school voucher program, which was a focus of budget negotiations last summer, saying the idea was not entirely dead. For more on Mumin’s remarks, read PennLive’s coverage.
Vexatious requester bill moves out of committee
SB 525
, introduced by Sen. Cris Dush (R-Cameron, Centre, Clinton, Elk, Jefferson, Mckean), was voted favorably out of the Senate State Government committee on Tuesday. The bill would permit agencies to petition the Office of Open Records for relief from requests from what the agencies allege are “vexatious requesters,” a term that is not explicitly defined in the bill. The legislation requires that the petition to label an individual a “vexatious requester” include alleged conduct that might “demonstrate vexatiousness,” which could consist of: the number of requests filed; the total number of pending requests; the scope of the requests; the nature, content, language or subject matter of the requests; the nature, content, language or subject matter of other oral or written communications to the agency; conduct which allegedly places an unreasonable burden on the agency; and conduct that allegedly harasses the agency. The bill was up for first consideration on Tuesday and has not moved further at this time. PNA is working with legislators and staffers to protect our members’ interests with regard to this legislation.
Senate bill seeks to make PSBA subject to RTKL
Sen. Kristin Phillips-Hill (R-York) filed SB 1183 on Wednesday. The bill seeks to amend the Right-to-Know Law to add the Pennsylvania School Boards Association to the definition of “state-affiliated entity.” This addition would mean that PSBA would be subject to the RTKL and thus could receive records requests from the media and the public, subject to the law’s parameters. In her related co-sponsor memorandum, Sen. Phillips-Hill states PSBA renders assistance to school boards and “[t]he information the association possesses and shares with school boards helps to frame curriculums, budgets, and policies and should be transparently available to the public. They deserve to know where and how their tax dollars are spent.” The senator also points to the fact the PSBA is a member of PSERS, and the recent PA Supreme Court decision that found the PIAA to be subject to the RTKL.
House committee holds informational meeting on student journalism protections
The House Education Committee held an informational meeting on imagination libraries and student journalism protections on Monday. HB 1309, introduced by Rep. Melissa Shusterman (D-Chester), was discussed at great length during the meeting. This bill would protect student journalists’ constitutional right to speak as well as their audience’s right to receive information without undue government interference. Testifiers at the meeting included: Ben Shapiro, student journalist and editor-in-chief of The Spoke, Conestoga High School’s student newspaper; Cyndi Hyatt, PA state director of the Journalism Education Association; and Aaron Fitzpatrick, president, Pennsylvania School Press Association. PNA is supportive of this legislation. To watch the informational meeting in its entirety, visit the House Education Committee’s website.
May I quote you?
“Journalism is the bedrock of democracy, and student journalism is where it all begins.”
– Ben Shapiro, student journalist and editor-in-chief of The Spoke, Conestoga High School’s student newspaper, speaking during a House Education Committee informational meeting on student journalism protections.
April 25, 2024
Both the House and the Senate will return to Harrisburg this coming Monday, April 29. The Pennsylvania primary election was held this Tuesday, April 23.
Republicans hold onto seat in the special election for the 139th district
Republican Jeff Olsommer has won the special election held on Tuesday for the 139th district of Pennsylvania, which covers portions of Wayne and Pike counties. Olsommer defeated Democrat Robin Skibber in the special election to determine who will finish out former Rep. Joe Adams (R)’s term. Adams resigned in February for medical reasons. This means that Democrats will not increase their razor-thin majority of 102-101 in the House. Olsommer also defeated Republican Matthew Contreras in the GOP primary election Tuesday, so he will go on to face Skibber again in the November general election for the 2025-26 legislative session. Read more regarding the 139th district here and regarding the primary election in general from PennLive.
Representative’s personal and legal woes may lead to another special election
Rep. Kevin Boyle (D-Philadelphia) caused a maelstrom in the House last week when he was absent and seeking to vote by designation on the House floor while there was an active warrant for his arrest. The warrant has since been canceled, but Republicans are still calling for a change, via a House resolution that is not yet filed but will be HR 401 – introduced by Rep. Charity Krupa (R-Fayette), to the House rules so that a legislator in Boyle’s situation cannot vote by designation. Despite the warrant’s cancelation, it is possible that the situation will still lead to Boyle’s resignation, which would result in a special election, likely at the height of summer, with the Democratic majority in the House at stake again. Boyle was defeated in this week’s Democratic primary, which determines the candidates for the upcoming 2025-26 legislative session, by challenger Sean Dougherty, so it is certain that Boyle will not hold onto his seat in the long term. Read more on yesterday’s results from the Philadelphia Inquirer.
Legislator seeks greater transparency for unemployment compensation program
SB 1177, introduced by Senator Cris Dush (R-Cameron, Centre, Clinton, Elk, Jefferson, Mckean, and Potter), would amend the Unemployment Compensation Law to require online posting of the annual report on the financial operations of the program. It would also require that the report include detailed information regarding the numbers and percentages of unemployed workers, job losers, discouraged workers, and marginally attached workers.
House resolution aims for greater transparency and accountability
Rep. Ryan Warner (R-Fayette) has filed HR 401, which urges the House of Representatives to restrict the times of day in which legislative votes may be cast and prohibit secret votes. The legislation’s stated goal is to create a more efficient and effective government through greater transparency and accountability. The bill was prompted by a last minute amendment to SB 224 (sponsored by Sen. David Argall (R-Carbon, Luzerne, and Schuylkill)), a bill that would amend the Election Code, last October 4 at 11:00 p.m. The resolution calls for House business to take place during “practical hours of the day” and would prohibit committee votes after 11:00 p.m., as is already prohibited for the full House.
May I quote you?
“The Sunshine Act is there because the law recognizes that government functions best when it functions in an open, transparent manner with the public involved.”
– Melissa Melewsky, PNA Media Law Counsel, quoted in a TribLIVE article on the Pittsburgh City Council’s questionable Sunshine Act compliance. Read more from TribLIVE.
April 18, 2024
The House was in session this week. Both chambers return to Harrisburg on April 29. The Pennsylvania Primary elections are next Tuesday, April 23.
US House subcommittee considers freedom of the press, federal shield law proposals
On Thursday, April 11, the federal House Judiciary Subcommittee on the Constitution and Limited Government, led by Reps. Chip Roy (R-TX-21) and Mary Scanlon (D-PA-5), held a hearing “Fighting for a Free Press: Protecting Journalists and their Sources” to examine the federal government’s infringement on the First Amendment’s guarantee of freedom of the press, as well as federal shield law proposals. The members kept the focus on the need for a federal shield law and urged the Senate to take up the PRESS Act, which passed the House on a unanimous basis earlier this year. N/MA has let PNA know that they will continue to vigorously advocate for the passage of the PRESS Act in the US Senate.
House amends water/sewer project bill to include favorable newspaper notice language
HB 1903
, introduced by Rep. Melissa Cerrato (D-Montgomery) and a bill which would amend Title 53 to add a chapter on water and sewer projects, was amended on second consideration on the House floor on Monday to require notice by newspaper publication. If a municipality determines that a particular supply utilized in the replacement or remediation of a water or sewer lateral is not American-made, or is not available in sufficient quantities, the municipality would be required to publish notice of that determination in at least two newspapers of general circulation within the municipality, as well as on their social media and publicly accessible internet website. This amended version passed the full House on Tuesday and now goes to the Senate.
House member wants cameras in the courtroom
Rep. Jamie Flick (R-Lycoming and Union) has filed a co-sponsor memorandum seeking legislation that would authorize video and audio recording of criminal and civil court proceedings in the Commonwealth. Recording child witnesses and alleged victims of sexual assault would be prohibited. Rep. Flick’s motivation is to promote transparency and accountability within Pennsylvania’s judicial system.
Lawmaker seeks transparency on all Commonwealth special funds
Rep. Seth Grove (R-York) has filed a co-sponsor memorandum contemplating legislation that would require that 7-year financial statements from all Commonwealth special funds be represented in the annual Governor’s Executive Budget proposals and materials. Currently, the memorandum states, these financial statements are provided only for three special funds: the General Fund, the Motor License Fund, and the Lottery Fund.
May I quote you?
“Let me be clear, these are the public’s records. They are not state secrets. Transparency delayed is transparency denied.”
– Former Dauphin County Chief Solicitor Justin McShane, telling commissioners at their April 10 workshop meeting that Dauphin County intentionally delays providing public records and information under the state Right-to-Know Law. To learn more about the practice McShane said has gone on for years, read the coverage in PennLive.
April 11, 2024
The House and Senate were in session this week. The House returns to Harrisburg on Monday, the Senate on April 29. The Pennsylvania Primary elections are April 23.
Cellphone bill provision restricts public access
A bill that would prohibit the use of handheld cellphones and similar devices while operating a motor vehicle passed the House on Tuesday. SB 37, which is designed to strengthen traffic laws with stronger deterrents, is sponsored by Sen. Rosemary Brown (R-Lackawanna/Monroe/Wayne). A House Transportation Committee amendment contains an added provision that would require data collection for self-initiated traffic stops and an annual publication of aggregated data from these collections. The requirements are positive except for the addition of language that makes the data collected nonpublic under the Right-to-Know Law. The provision is unnecessary and restricts access to information that is currently public. PNA is seeking a language change on the bill. The legislation now heads back to the Senate, and that chamber would have to concur in the House’s amendments in order for the bill to proceed to the governor.
Lawmaker wants reforms in automatic contract renewals
Rep. Scott Conklin (D-Centre) has filed HB 2196, which would require consumers to be notified of the existence of an automatic renewal clause prior to executing a contract and prior to automatic renewal. Sellers would also be required to notify consumers if a contract is sold and allow consumers to opt out of the automatic renewal provision.
Bill focuses on township vacancies
Rep. Christina Sappey (D-Chester) has introduced HB 2160, a bill that would require a First Class Township vacancy board to meet to fill a vacancy within 15 days if township commissioners fail to do so after 30 days. The legislation would, among other provisions, call for a public meeting to explain why a vacancy is not filled by the appropriate deadlines.
May I quote you?
“An issue like what to name the football (field) is not an executive session subject matter and should not be discussed anywhere other than a public meeting. The Sunshine Act is a public access law, and the exceptions are narrowly written and should be narrowly applied.’’
– PNA Media Law Counsel Melissa Melewsky, commenting in Spotlight PA about what appears to be a “fundamental misunderstanding’’ of executive sessions by the Penn State Board of Trustees, this time over an initiative to name the university football field after Joe Paterno.
April 4, 2024
The General Assembly was not in session this week. The House and Senate return to Harrisburg on Monday.
Lawmaker wants state symbol transparency
Rep. Brad Roae (R-Crawford/Erie) said in a co-sponsor memo he plans to file a bill requiring legislators to disclose whether they have stock in The Hershey Co. or any other company with ownership interest in state symbols similar to the way they must disclose financial interest in casino ownership. The memo follows the House passage last week of Rep. Thomas Mehaffie’s (R-Dauphin) HB 1030, which would make the Hershey Kiss the official state candy. Roae noted in the memo that Hershey stock jumped from $190.90 to $193.71 after the bill was approved by the lower chamber. HB 1030 moves the Senate for consideration.
Reps seek automatic contract renewal protection
Reps. Scott Conklin (D-Centre) and Christopher Rabb (D-Philadelphia) plan to file a bill that would require consumers to be notified by sellers of an automatic renewal clause before executing a contract and before an automatic renewal. Additionally, sellers would be required to alert consumers when contracts are sold and allow consumers to opt out of the automatic renewal provision. Read the co-sponsor memo.
Legislator: Transparency in PLAs
Rep. Aaron Bernstine (R-Butler/Lawrence) indicated in a co-sponsor memo his plans to refile legislation that would require a public body to post notice of a project labor agreement on its website at least 20 days before the solicitation of bids on a public project to which the PLA would apply. This legislation was HB 373 in the 2019-2020 legislative session.
May I quote you?
“You’re not going to drive the way I do business, sir. You’re not gonna do it.’’
– Bradford County Commissioner Doug McLinko, responding to resident Walter Woods’ ongoing questions about possible Sunshine Act violations by the board of county commissioners as reported by the Press Enterprise in Bloomsburg.
MARCH 28, 2024
The House was in session this week. Both chambers return to Harrisburg on April 8.
Bill would limit access to eviction records
Rep. Ismail Smith-Wade-El (D-Lancaster) has introduced HB 1769, legislation that would establish a statewide eviction record-sealing policy. Similar in spirit to Clean Slate laws that limit public access to certain criminal records, the bill would seek to help those whom advocates say are adversely affected by eviction cases that may have been withdrawn, where tenants were victims of domestic violence, or the court found in favor of the tenant. HB 1769 would require the courts to place under limited access: records that have elapsed seven or more years since the filing of the eviction case; instances where a court vacates a judgment or marks the judgment satisfied; or cases where a court opens or sets aside a default judgment and enters a disposition that is subject to limited access. For more on the bill, turn to Public Source.
Lawmaker: No fake voices in campaigns
Rep. Doyle Heffley (R-Carbon) has filed HB 2144, a bill that would amend the Election Code to prohibit the use of artificially generated facsimiles of a human voice in advertising and other campaign purposes. Fines issued for a violation would be the personal liability of the candidate or committee/party treasurer and could not be paid from campaign, committee or party contributions. Names of those convicted of a violation would be published on the Department of State publicly accessible website.
Pollster talks presidential race at Press Club
Susquehanna Polling & Research President and CEO James Lee explored voters’ “widespread disdain’’ for the two major party presidential candidates in an address to the Pennsylvania Press Club on Monday at the Hilton Harrisburg. Lee paused his remarks several times to share video from a focus group of undecided voters who, in one clip, were asked to characterize their choices for the 2024 race in a single word. Among their descriptors were “déjà vu,’’ “chaos,’’ “fatigued,’’ “scary,’’ “ridiculous’’ and “no choice.’’ Lee discussed SP&R’s most recent poll showing President Joe Biden with a narrow lead in Pennsylvania, growing independent voter numbers, and opportunities for a third-party candidate this year.
Watch the PCN video of Lee’s address on YouTube and read about SP&R’s most recent presidential and U.S. Senate polling in Pennsylvania at PennLive.com.
MARCH 21, 2024
The General Assembly was in session this week. The House returns to session Monday; the Senate comes back to Harrisburg on April 8.
Ortitay wants choice on public notice
Rep. Jason Ortitay (R-Allegheny/Washington) has introduced HB 2103, which would allow local government units to choose where to publish public notices. Those options include a newspaper of general circulation or its publicly accessible internet website; a local government internet website; a legal newspaper designated by the county court in which the local government unit is located; a newspaper printed in the local government unit; a newspaper circulating generally in the local government unit; or a locally circulated printed publication of at least four pages issued at least weekly and distributed by audited carriers to all known addresses within the local government unit. Last session Ortitay introduced a nearly identical bill.
Senators: Post newspaper costs on public notices
Sen. Kristin Phillips-Hill (R-York) and Sen. Ryan Aument (R-Lancaster) said they will introduce legislation that would require all legal advertisements and public meeting notices published in a newspaper to disclose the cost incurred by the local government entity placing the ad in the corner of the advertisement. Here is the co-sponsor memo.
Siegel plans local journalism tax credit bills
Rep. Joshua Siegel (D-Lehigh) said in a co-sponsor memo that he will introduce a tax credit package to support local journalism and public broadcasting stations. The first of two bills would establish a tax credit of up to $250 for individuals who subscribe or donate to a local newspaper. The second piece of legislation would establish a tax credit for businesses that contribute to PBS affiliates in Pennsylvania.
Phillips-Hill: Make school board group subject to RTKL
Sen. Phillips-Hill also announced in a co-sponsor memo that she plans to file a bill that would require the Pennsylvania School Boards Association to be subject to the Right-to-Know Law.
House memo seeks law enforcement agency transparency
Rep. Joseph C. Hohenstein (D-Philadelphia) indicated in a co-sponsor memo that he contemplates legislation which would require more transparency from law enforcement agencies in order to maintain the public trust. His legislation would make settlements, judgments, policies, and procedures involving these agencies publicly available. It would also make publicly available complaints, critical incident reports, and reportable encounters. The bill would require the collection of information regarding all instances where an officer engaged in use of force.
Prokopiak gives House Democrats a two-seat edge
On Monday, Rep. Jim Prokopiak (D-Bucks) was sworn in to represent the 140th state Legislative District. He won a special election Feb. 13 to fill the remainder of the term vacated by John Galloway, who was elected as a district judge in November. Prokopiak serves on the Aging & Older Services, Education, Local Government and Tourism & Economic & Recreational Development committees. Democrats hold a 102-100 seat majority; an additional seat remains vacant. Read more in Pennsylvania Capital-Star.
May I quote you?
“Transparency from an elected board should be positive, not punitive. Even today, too many government entities feel the information they have is privileged. They remain reluctant to release even basic information. These records aren’t owned by government entities. They are owned by everyone.”
‒ Editorial in the The Daily Item, Sunbury, for Sunshine Week 2024.
MARCH 14, 2024
Catching some ‘Sun’
Only one thing could bring together the trio of past and present executive directors of the Pennsylvania Office of Open Records for the first time: a Sunshine Week program Wednesday at the Pennsylvania State Archives. Shown, from left, are Terry Mutchler (2008-2015); her successor, Erik Arneson (2015-2021); and Liz Wagenseller (2021-present).
LEGISLATIVE UPDATE
The General Assembly was not in session this week. Both chambers return to Harrisburg on Monday.
Bipartisan memo calls for independent redistricting body
Rep. Steve Samuelson (D-Northampton) and Rep. Mark Gillen (R-Berks) said in a co-sponsor memo that they plan to introduce a joint resolution that would amend the state Constitution by establishing an independent redistricting commission for the Pennsylvania state House, state Senate and congressional districts. The 11-member body would oversee a redistricting process that includes public hearings, sharing of information about redistricting proposals, and equal access to data and information for commissioners and the public.
Bill: Lobbying prohibition on state agencies
Sen. Kristin Phillips-Hill (R-York) has introduced SB 1098, which would prohibit state agencies from hiring a lobbyist, lobbying firm, or political consultant to influence the decision-making process of another commonwealth entity or agency.
Senators announce cybersecurity resource
Through the new Cybersecurity Resources for Local Governments webpage, local governments across the commonwealth can access resources to combat the threat of cyberattacks. The web clearinghouse was unveiled by Republican Sens. Tracy Pennycuick, of Berks and Montgomery counties, and Rosemary Brown, of Lackawanna, Monroe and Wayne counties. According to the site, 69% of state and local governments reported being hit by ransomware in 2023.
Database of properties
Rep. Morgan Cephas (D-Philadelphia) said she plans to introduce a bill that would create, through the Pennsylvania Housing Finance Agency and other local agencies, a publicly accessible database of publicly financed properties in Pennsylvania. As noted in the co-sponsor memo, PHFA would be required to deliver annual reports on the number of properties expiring in the subsequent two years to both the General Assembly and the governor.
Legislator: Penalties for AI misuse
Rep. Tarik Khan (D-Philadelphia) has filed HB 2079, which would prohibit the misuse of artificial intelligence in campaign advertising. The bill would include penalties for fraudulent misrepresentation of a candidate and would also provide an exemption for newspapers and other platforms that would carry the ads.
MARCH 7, 2024
The General Assembly was not in session this week. Appropriations hearings on Gov. Josh Shapiro’s $48.3 billion state budget for fiscal year 2024-2025 continued in the House and Senate. Both chambers return to session March 18.
Lawmaker: Simplify campaign finance filings
Rep. Valerie Gaydos (R-Allegheny) has introduced HB 2072, a bill that would require statewide legislative and judicial candidates and political committees to file finance reports only with the Department of State, which would make the information available online. At present, reports are filed with DOS and additional copies are sent to candidates’ home counties. Gaydos said in her co-sponsor memo the bill would reduce local government costs.
May I quote you?
“I think the rationale of, ‘Oh, we’re going to meet in a private meeting, decide what we’re going to decide then, and then come out and rubber stamp it in public’ — I think that that is attempting to do an end run around the Sunshine Act.’’
– Bloomsburg Press Enterprise reporter and Pennsylvania Freedom of Information Coalition President Susan Schwartz, commenting in Spotlight PA about the Pennsylvania Opioid Misuse and Addiction Abatement Trust’s decision to conduct a behind-closed-doors review of how counties spent millions of dollars to fight the opioid crisis.
FEB. 29, 2024
The General Assembly was not in session this week, but the House and Senate Appropriations committees continued to hold hearings on Gov. Josh Shapiro’s proposed fiscal year 2024-2025 state budget. Both legislative chambers return to Harrisburg on March 18.
Legislator seeks greater PIAA oversight
Rep. Robert Matzie (D-Beaver) said in a co-sponsor memo that he will introduce a bill to make the appointed legislators on the Pennsylvania Athletic Oversight Committee and the state Department of Education secretary permanent voting members of the Pennsylvania Interscholastic Athletic Association executive board. The memo comes on the heels of a state Supreme Cout decision upholding a Commonwealth Court ruling that the PIAA is a public entity and subject to the Right-to-Know Law. Earlier this year Matzie, a legislative appointee to the PAOC, introduced HR 318. The resolution would direct the Legislative Budget and Finance Committee to conduct a study of the management, structure, policies and finances of the PIAA.
Secretary of the commonwealth speaks at Press Club, testifies at hearing
At its monthly luncheon Monday at the Hilton Harrisburg, the Pennsylvania Press Club hosted Secretary of the Commonwealth Al Schmidt. The state’s chief elections officer and former Philadelphia city commissioner spoke to the gathering about topics including this presidential year’s elections; the high turnover of election administrators, which he described as a “real concern;” and automatic voter registration. Read more in PennLive.
On Tuesday, Schmidt testified before the House Appropriations Committee in what was a sometimes contentious hearing on the governor’s proposed $43 million Department of State budget for the 2024-2025 fiscal year. For more, turn to the Pittsburgh Post-Gazette.
Campaign finance reform memo
Rep. Joe Webster (D-Montgomery) said he plans to introduce a bill that would ensure public access to the origins of campaign donations. His legislation would, among other things, require the disclosure of corporate expenditures on elections; help to strengthen Right-to-Know Law requesters who challenge a campaign’s denial of access to its vouchers; require credit card statements to be filed with campaign finance reports; and prohibit some foreign-owned corporations from making independent expenditures or contributions to super PACs. Read the co-sponsor memo here.
May I quote you?
“This is incredibly promising, but more importantly it’s transformative for our industry, and it’s revenue that we’re owed. It’s not a subsidy. It demonstrates that our content has value.”
‒ News/Media Alliance President and CEO Danielle Coffey, in a report from Northwestern | Medill Local News Initiative about Illinois state Sen. Steve Stadelman’s Journalism Preservation Act that would, among other things, require Big Tech companies to pay “journalism usage fees’’ to publishers for local news content.
FEB. 22, 2024
The General Assembly was not in session this week. Both chambers will return to Harrisburg on March 18.
State budget hearings
Hearings on the Pennsylvania fiscal year 2024-2025 budget began this week. Both legislative chambers expect to end hearings on Gov. Josh Shapiro’s $48.3 billion spending plan next month. The hearing schedules for the House and Senate are available here.
Protect student journalism
Today is Student Press Freedom Day.
“Powerfully Persistent’’ is the 2024 theme for this national day of action, conceived by the Student Press Law Center in Washington, D.C., to celebrate “the contributions of student journalists and the need to support their independence without censorship or threat to their advisers,” according to the SPLC website.
Last year West Virginia became the 17th state to pass a state law protecting student press freedom, part of a nationwide grassroots movement called “New Voices.” The Mountain State statute “says that student journalism cannot be censored by school officials, except in certain very narrow circumstances, and that advisers cannot be penalized for refusing to infringe on their student’s press rights,’’ according to the SPLC.
In Pennsylvania, state Rep. Melissa Shusterman (D-Chester) has filed HB 1309, which would allow school districts to implement policies placing administrative review of student-produced publications and other communications in the hands of student editors. The bill, to provide protections for journalism teachers and advisers, would also seek to protect the First Amendment rights of student journalists whose work is subjected to the restraint and prior review of principals and other school administrators. State Sen. Carolyn Comitta (D-Chester) has filed a companion bill, SB 622, in the Senate. PNA supports the bills.
May I quote you?
“For the past 15 years, the PIAA has violated the Right-to-Know Law by not posting a single contract to the Contracts e-Library. That changes now.”
‒ Pennsylvania State Treasurer Stacy Garrity, in response to a state Supreme Court ruling Wednesday upholding a Commonwealth Court decision that the Pennsylvania Interscholastic Athletic Association is a public entity and subject to the RTKL.
FEB. 15, 2024
The General Assembly was not in session last week. Both chambers return to Harrisburg on March 18.
Adams resigns House seat, Prokopiak wins in Bucks County
First-term Rep. Joseph Adams (R-Pike/Wayne) resigned from his 139th state House seat last Friday. The resignation, prompted by family concerns, was immediately effective. Though Adams had already announced he would not run again, a special election will be held April 23, the same day as the spring primary, to fill the remaining months of his current term, which ends Nov. 30. Adams served on the Consumer Protection, Technology & Utilities, Finance and Local Government committees.
In addition, Democrat Jim Prokopiak won a special election Tuesday to fill the 140th state House seat in Bucks County vacated by former Democratic Rep. John Galloway, who resigned to become a local judge. When Prokopiak takes office, Democrats will continue to control the House with 102 seats; Republicans hold 100. However, Democrats’ voting control will be 102-99 until the April 23 special election and because Rep. Joe Kerwin (R-Dauphin) is deployed to East Africa with the Pennsylvania Army National Guard. For more, visit Pennsylvania Capital-Star and Spotlight PA.
Lobbying reform bill planned
Sen. Kristin Phillips-Hill (R-York) announced plans to reintroduce provisions from last session’s SB 802, which would prohibit state agencies from hiring lobbyists, lobbying firms or political consultants to influence decisions of another commonwealth entity. Read her co-sponsor memo here.
Lawmakers: Put CIO in the cabinet
Sens. Phillips-Hill and Tracy Pennycuick (R-Montgomery/Bucks/Berks) said they will introduce legislation that would make the state’s chief information officer a cabinet-level position. When birth and death records, health information and election data is compromised, the memo noted, state agencies cannot function and personal or government information is threatened. Last week the Senate held a public hearing to probe a data loss in January that affected State Police and State Employees’ Retirement System records. Here is the senators’ co-sponsor memo.
May I quote you?
“Many people would say that we are the swingiest county in the swingiest state. The issues being talked about nationwide are happening here in Bucks County.”
— Democrat Jim Prokopiak, in Mother Jones on the eve of his victory over Republican Candace Cabanas in a special election to fill the vacant 140th state House seat. The publication suggested the election could indicate state and national trends in November.
FEB. 8, 2024
The Senate was in session this week. House members were in Harrisburg on Tuesday for the governor’s budget address. Both chambers return to the state Capitol on March 18.
Shapiro pitches $48.3 billion budget
Gov. Josh Shapiro proposed a $48.3 billion Pennsylvania spending plan for the 2024-25 fiscal year at a joint session of the General Assembly held Tuesday in the Capitol Rotunda. The proposal represents a 6.2% increase over the current budget but does not call for a tax hike. The spending plan would reduce the commonwealth’s surplus from $14 billion to $11 billion. Shapiro seeks funding increases in public education and public transit. He also called for a higher minimum wage and the legalization of recreational marijuana. For more, visit The Philadelphia Inquirer.
Lawmaker backs plan for separate public, private athletic playoffs
Rep. Scott Conklin (D-Centre) has filed HB 1983, a playoff reform bill. The legislation would permit the Pennsylvania Interscholastic Athletic Association to establish separate playoffs and championships for public or boundary schools, and private, charter and parochial, or nonboundary, schools and to do so according to the rules of the Sunshine Act in each affected area. An executive session would be permitted after receiving public comment on playoff options in order to determine which vote to hold.
Legislator wants deed confidentiality for crime victims
Rep. Emily Kinkead (D-Allegheny) said she wants to expand the Address Confidentiality Program. Her legislation would further protect victims of crime by removing deeds involving victims from public access, as is done for other public records in the program. Read the co-sponsor memo here.
Post-election audits
House Republican Leader Bryan Cutler (R-Lancaster) said in a co-sponsor memo he plans to introduce legislation that would modernize post-election audit requirements. The bill would require the state and each of its counties to implement a post-election audit using an approved auditing method, and to provide for each county a minimum auditing requirement for ballot number and random precincts. He wants the process to utilize best practices. The Department of State would be required to issue for each future election a report similar to one required by law for the 2020 primary. The report would be made available through the department’s publicly accessible website.
Another House retirement
Rep. Barry Jozwiak (R-Berks) has announced that he will retire at the end of his current term, which ends Nov. 30. A member of the House since 2015, he is GOP chair of the Children and Youth Committee. Prior to his legislative service, he was sheriff of Berks County for 12 years and a member of the Pennsylvania State Police for 25 years. Jozwiak represents the 5th Legislative District.
May I quote you?
“If there’s a quorum deliberating agency business, the Sunshine Act applies whether it’s a ‘workshop’ an ‘informational meeting’ or any other gathering. Deliberation is broadly defined as ‘discussion of agency business held for the purpose of making a decision.’ That’s very broad and intended to reach most discussions of agency business because the Sunshine Act’s fundamental purpose is public access and accountability.”
-PNA Media Law Counsel Melissa Melewsky, commenting Wednesday in LNP | LancasterOnline on its Right-to-Know Law request seeking the results of a Warwick School District staff climate survey viewed by the school board in a closed-door meeting but not released to the public.
FEB. 1, 2024
The General Assembly was not in session this week. The Senate returns to the state Capitol on Monday. The House will be in Harrisburg on Tuesday for Gov. Josh Shapiro’s state budget address for the 2024-2025 fiscal year.
Senate will probe state data loss incident
The Senate Communications & Technology and State Government committees will hold a joint hearing at 2 p.m. Wednesday in Hearing Room 1 of the North Office Building to seek more information about the recent incident in which computer files were mistakenly deleted by Office of Information Technology staff. The hearing will be livestreamed here. Read more about the state’s data loss, which included thousands of Pennsylvania State Police and State Employees’ Retirement System records, at PennLive.
Senate memo, bill target AI
Sens. Tracy Pennycuick (R-Berks/Montgomery), Jimmy Dillon (D-Philadelphia), Chris Gebhard (R-Berks/Lancaster/Lebanon) and John Kane (D-Chester/Delaware) said in a co-sponsor memo that they plan to introduce legislation that would prevent the spread of generative artificial intelligence interference in elections. The bipartisan bill would prohibit the fraudulent misrepresentation of a candidate. Disseminating a campaign advertisement containing artificially generated impersonation of a candidate would be prohibited if it is done without consent and the intent of unduly influencing the outcome of an election.
In addition, Kane has introduced SB 1045, a bill that would make it a first-degree misdemeanor for a person to disseminate an AI computer-generated impersonation of an individual that he or she knows, or has reason to know, is a deepfake. The unauthorized dissemination would be a third-degree felony if it is done with the purpose of defrauding or injuring another person.
Lawmaker wants PIAA study
Rep. Robert Matzie (D-Beaver), who is vice chair of the bicameral, bipartisan Pennsylvania Athletic Oversight Committee, said in a co-sponsor memo that he plans legislation that would direct the Legislative Budget and Finance Committee to conduct a comprehensive study of the Pennsylvania Interscholastic Athletic Association. In calling for the study, Matzie cited concerns raised by parents, teachers, school administrators and General Assembly members regarding PIAA policies, procedures and decision-making.
May I quote you?
“Pennsylvania desperately needs to rethink penalties for noncompliant public agencies and to prioritize the speedy delivery of public documents. It’s also crucial to ensure that (police) body-worn cameras fulfill their promised role as tools of transparency. Pennsylvania was founded as an outlier in liberty. Now it’s an outlier in secrecy.’’
-Pittsburgh Post-Gazette Editorial Board, in a Jan. 29 editorial calling for changes to restrictive open records laws in the commonwealth.
JAN. 25, 2024
The General Assembly was not in session this week. The Senate returns to session Feb. 5. The House returns to Harrisburg on Feb. 6, the day Gov. Josh Shapiro is scheduled to deliver his state budget address for the 2024-2025 fiscal year.
Federal shield legislation passes U.S. House
A bill that would bar federal executive agencies and courts from forcing reporters to identify confidential sources or disclose sensitive newsgathering material, except in very limited circumstances, passed the U.S. House of Representatives last week. For more on H.R.4250, visit Reporters Committee for Freedom of the Press.
Harris talks politics and policy at Press Club
Pennsylvania House Appropriations Chairman Jordan Harris (D-Philadelphia) touched on topics ranging from his political coming of age to Clean Slate law, tax policy and fair funding for education at the monthly luncheon of the Pennsylvania Press Club on Monday at Harrisburg Hilton. Acknowledging that the state’s current fiscal year budget was finalized nearly six months past its June 30 deadline, Harris said of the next spending plan, “I want an on-time budget, but I’d rather get it right.’’ For more, visit Pennsylvania Capital-Star and City & State Pennsylvania.
Sunshine Week, March 10-16
State Rep. Robert Matzie (D-Beaver) said in a co-sponsor memo that he will introduce legislation recognizing March 10-16 as “Sunshine Week” in Pennsylvania. Established nearly 20 years ago, the observance stresses the importance of open government. Sunshine Week coincides with the March 16 birthday of President James Madison, father of the U.S. Constitution and an eloquent advocate for the Bill of Rights.
State lawmakers announce departures, new campaigns
Rep. Aaron Kaufer (R-Luzerne), from left, and Sen. James Brewster (D-Allegheny), who has served in the upper chamber since 2010, are among the latest lawmakers to announce that this legislative session will be their last. Also, Rep. Nick Pisciottano (D-Allegheny) is not seeking reelection to the House; he is campaigning for Brewster’s 45th Senate District. Others who will not seek re-election to the state House include Rep. Paul Schemel (R-Franklin), Rep. George Dunbar (R-Westmoreland), Rep. Ryan Mackenzie (R-Lehigh), Rep. Rob Mercuri (R-Allegheny), Rep. Jim Marshall (R-Beaver), Rep. Donna Oberlander (R-Clarion) and Rep. Mark Rozzi (D-Berks).
Rep. Patty Kim (D-Dauphin) announced last year that she will not seek re-election to her 103rd state House seat but will vie for the 15th state Senate seat being vacated by Sen. John DiSanto (R-Dauphin). Sen. Mike Regan (R-Cumberland/York) will not seek another term; Rep. Dawn Keefer (R-York) is in the running to be Regan’s successor in the 31st Senate District.
May I Quote You?
“We actually need everybody sitting down at a table. You need the district-run schools, you need the brick-and-mortar charters, the cyber charters, the private school sector, because these are all Pennsylvania’s children.”
‒ Rep. Jordan Harris, talking state educational needs at the Pennsylvania Press Club and reported by Pennsylvania Capital-Star.