Pennsylvania Supreme Court Hears Tax-Versus-Fee Arguments About Whether RGGI Can Stand

Arguing before the Pennsylvania Supreme Court on Wednesday, one state agency alleged another improperly refused to publish an executive action implementing a de facto carbon tax, effectively halting the polcy. 

At issue is a decision made by the Pennsylvania Legislative Reference Bureau (LRB) not to publicize a regulation decreed by then-Governor Tom Wolf (D) entering the state into the Regional Greenhouse Gas Initiative (RGGI). The LRB, which drafts all state legislation upon lawmakers’ requests and provides other policy reference services, declined to promulgate the rule enrolling the commonwealth in the multistate compact, citing a state House of Representatives resolution opposing it.

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Bill Proposed to Require Pennsylvania Legislators to Submit Reimbursement Receipts

Two Republican Pennsylvania state senators this week proposed requiring lawmakers to submit receipts before collecting per diems. 

If a legislator incurs food or lodging costs when traveling more than 50 miles from his or her residence to perform official duties, he or she can claim per-diem payments of as much as $202 per day. Unlike in the private sector, that lawmaker need not show receipts. He or she must only turn in a voucher with the date, the legislative activity being performed, the location of that activity and an affirmation that the official paid an overnight lodging expense. 

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Joanna McClinton Replaces Mark Rozzi as Pennsylvania House Speaker After He Steps Down

Pennsylvania State Representative Joanna McClinton (D-Philadelphia) on Tuesday was sworn in as State House Speaker, replacing State Representative Mark Rozzi (D-Temple) in that role shortly after he stepped down from it. 
Rozzi’s two months at the helm of the House of Representatives have been fraught with contention. Immediate past speaker and House Minority Leader Bryan Cutler (R-Quarryville), who corralled support within his caucus for Rozzi when his party enjoyed a momentary slim majority, recalled that the Berks County Democrat promised to drop his Democratic affiliation. Rozzi never did so and clashed with the House GOP on procedural and organizational issues. 

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Pennsylvania Republican House Leaders Discuss Speaker’s Stalling Reconvening of Session, Failure to Investigate Harassment

Pennsylvania state House Republicans on Monday excoriated their Democratic counterparts for failing to reconvene and failing to start investigating sexual-harassment allegations against a Democratic House member. 

Republicans have blasted Speaker Mark Rozzi (D-Temple) for dragging out the process of finalizing operating rules and bringing the House of Representatives back into session. The speaker, whose party holds a majority of seats, initially said he would only agree to allow legislation to be considered once the House voted on a measure allowing adults victims of sexual abuse to sue their alleged predators despite the statute of limitations. The House passed such legislation last week. 

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Online Posting of Pennsylvania Legislators’ Expenses Proposed

Pennsylvania Senator Lindsey Wiliams (D-Pittsburgh) is preparing to reintroduce a bill to instruct the state’s chief legislative clerks to post all lawmakers’ taxpayer-funded expenses online. 

In a memorandum asking fellow senators to cosponsor her measure, Williams mentioned that she and some other legislators provide online access to may of their public expenditures. Her own website contains a page linking to monthly expense reports. Spending listed includes such items as lodging and office event expenses. 

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Pennsylvania House Republican Leader Says Speaker Committed ‘Significant Breach’ of Security

Pennsylvania House Republican Leader Bryan Cutler (R-Quarryville) is seeking answers regarding what he terms a major security infraction on the part of House Speaker Mark Rozzi (D-Temple). 

Rozzi was elected speaker with the support of all Democrats and 16 Republicans in the state House of Representatives as part of a deal Cutler said would entail the Berks County representative re-registering as an independent and caucusing with neither party. The speaker has since declined to lose his party affiliation and chose to adjourn session until later this month. Rozzi’s decision disempowers Republicans who, had they been in session, would have enjoyed a few weeks with a narrow House majority, but three special elections scheduled for this Tuesday almost guarantee the Democrats will gain control of the chamber. 

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Policy Hearings Fill Pennsylvania’s Legislative Void

The gaping hole in the General Assembly’s session calendar notwithstanding, lawmakers continue delving into policy meetings this week as an outlet for their restlessness.

After a House Republican Policy Committee’s hearing on Monday about school funding concerns, lawmakers invoked their frustration with stalled legislative action and their colleagues across the aisle.

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Keefer to Chair Pennsylvania House Freedom Caucus

Pennsylvania’s new House Freedom Caucus announced its initial leaders this week, with state Representative Dawn Keefer (R-Dillsburg) to chair the new organization and Representative David Rowe (R-Mifflinburg) to serve as vice chair. 

Keefer and Rowe were among the 20 GOP members of the Pennsylvania House of Representatives to vote against this fiscal year’s budget, a compromise between the majority-Republican General Assembly and Democratic Governor Tom Wolf which increases state spending by 16.6 percent to $43.7 billion. In remarks to the press, the new caucus’s leaders complained of the extent to which government is growing in the commonwealth and promised to pursue zero-based budgeting as well as regulatory reform. 

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Party Control of Pennsylvania House Will Come Down to Two Undecided Races

As the week of Election Day 2022 draws to a close, it remains uncertain whether Republicans or Democrats will have the helm of the Pennsylvania House of Representatives for the next two years, with two southeastern races to decide the outcome. 

Pennsylvania has 203 legislative districts and electoral contests have been clinched by one major party or the other in 201 of them. Democrats prevailed in 101 of those races, meaning the GOP needs to win both of the still undetermined seats in order to keep control of the General Assembly’s lower chamber. 

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Pennsylvania Re-Elects State Representative Who Passed Away

Residents of Pennsylvania’s 32nd House District posthumously reelected deceased Democratic state Representative Anthony DeLuca (D-PA-Pittsburgh) on Tuesday, necessitating a special election in the months ahead. 

The lawmaker faced no Republican challenger this year and bested leftist Green Party candidate Zarah Livingston, garnering 21,244 votes (85.9 percent) to her 3,490 (14.1 percent). 

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Education Voucher Program Works Its Way Through the Pennsylvania Senate

Pennsylvania Capitol Building

The Pennsylvania General Assembly has moved another step closer in creating a scholarship program for students in underperforming schools to transfer elsewhere.

HB2169, narrowly passed in the House in April, would grant a $6,800 Lifeline Scholarship to students in the bottom 15% of the lowest-performing schools and allow them to use the money on tuition, tutoring, and other educational expenses.

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Push for Gun Control in Pennsylvania Expands to Body-Armor Control

A bill proposed last week by state Rep. Tim Briggs (D-PA-King of Prussia) would bar civilians from buying or possessing body armor in Pennsylvania. 

His legislation follows efforts on the federal level and in other states to prohibit civilians from acquiring protective shields. Senate Majority Leader Chuck Schumer (D-NY) called for a body-armor ban in 2019 after a mass shooting in Dayton, OH. The New York State Assembly has considered enacting state-level restrictions over the last few sessions, but a bill to do so has stalled.

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Legislation Would Let Pennsylvania Voters Reject Tax Increases

A bill that was referred to the Pennsylvania House of Representatives Finance Committee last week would amend the state Constitution to allow voters to reject any state-level revenue hike. 

The legislation, introduced by State Rep. David Rowe (R-Mifflinburg), would place a question on the primary ballot regarding any new tax or fee or any new increase in such levies. Should Pennsylvanians reject a revenue increase, the legislature could attempt to override the voters but would need support from two thirds of its members to succeed.

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Majority in Pennsylvania House Disapprove of Gov. Wolf’s Efforts to Enroll in Climate Initiative

The Pennsylvania General Assembly has sent a disapproval resolution to Gov. Tom Wolf, rejecting his efforts to enroll the state in the Regional Greenhouse Gas Initiative, but vote totals show there aren’t enough opposing lawmakers to override a veto.

The House approved Senate Concurrent Regulatory Review Resolution 1, 130-70, on Wednesday. The vote total is just short of two-thirds of the chamber’s 203 members necessary to override a veto.

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