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Summer 2008
BenninghoffContinues Push forRedistricting Reform
As a strong supporter of efforts to reform the waylegislative districts are drawn, I was disappointed by thefailure of the Legislature to enact a meaningful redistrict-ing reform law before breaking for its traditional summer recess. Despite this setback, I am continuing to fight for this important reform.Redistricting is the process used to draw boundariesfor state House and Senate districts as well as congres-sional districts. The current process for drawing districtsis heavily controlled by powerful political elites, leading towhat are known as “gerrymandered” districts with boundar-ies drawn to serve political purposes.In an effort to continue pushing this reform forward, Ihave sent a letter to the Democrat chairwoman and Repub-lican chairman of the House State Government Committee,which currently holds the bill, to encourage them to hold apublic hearing about this proposal. I am also consideringthe use of a legislative procedural maneuver known as adischarge resolution to get the bill released from the com-mittee. If successful, this would send the bill to the Housefloor, where it could be voted on by all members.Redistricting reform would change the entire system.That is why I continue to push my colleagues on theHouse State Government Committee to move forward withlegislation I co-authored – House Bill 2420 – that wouldreform the process by which congressional and legislativedistricts are drawn.The legislation was unveiled on April 9 at a newsconference held along with the League of Women Voters(LWV) of Pennsylvania and members of Common CausePennsylvania.Key redistricting reform provisions included in HouseBill 2420 include:
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State RepresentativeKerry Benninghoff
171
st
Legislative District
It continues to be my honor to serve our area in the state Legislature.I enjoy representing our values and our area’s needs, in addition to fightingfor what I believe is good for Pennsylvania.Please read through this newsletter to learn more about importantlegislative initiatives that may affect you.I want our state to have excellent, affordable health care, a qualityeducation system and, most of all, family-sustaining jobs.I believe one of the most important parts of being a state representa-tive is listening to the people I am elected to represent. Therefore, I wouldlike to thank everyone who attended one of my public town hall meetingsor legislative breakfasts. In addition, I appreciate everyone who takes thetime to write to or call me.In order to best represent our area, I want to continue hearing from you
DEAR NEIGHBOR
about what you feel state government should be working to accomplish.Together, we can continue to improve Pennsylvania, making it a leader among all states.On a personal note, I would like to, on behalf of my family, take amoment to thank the many kind people who have called, sent cards andteddy bears and well wishes of all kinds upon learning of my four-year-olddaughter’s brain tumor. My family and I are very blessed by your kindnessand loving prayers. We are most grateful.State Representative171st Legislative District
AUTISM
Expanding HealthCare Opportunities for Autistic Children
The Legislature recently passed and thegovernor signed into law a long-sought measureto require private insurance coverage for thediagnosis and treatment of autism spectrum dis-orders in thousands of Pennsylvania children.The bill that was signed into law – HouseBill 1150 – was authored by my good friend,Speaker Dennis O’Brien (R-Philadelphia) andwill establish Pennsylvania’s status as the na-tional leader when it comes to helping familiesdeal with autism.This new law will end the discrimination ininsurance coverage and at least provide for treat-ment through better health care for thousands of Pennsylvania children with autism.The law (Act 62) requires private insurersto cover proven treatments of autism spectrumdisorders for children and young adults up to age21 beginning in July 2009.Act 62 includes definitions of behavior spe-cialist, rehabilitative care, and applied behavioralanalysis. ABA has been proven an effective treat-ment for thousands of children living with autism.This important element was sought by autismadvocates from all over Pennsylvania.The law exempts groups with 50 or fewer insured employees, but it requires coverage of autism treatment up to age 21 by state govern-ment insurance programs such as CHIP andadultBasic.Act 62 also ensures that Pennsylvania’sMedical Assistance program will remain a safetynet for these individuals and their families if thecost of covered services exceeds $36,000 ina year.I was honored to support my friend and votefor this bill, which will help so many Pennsylvaniafamilies.
BenninghoffFights forBonus Ban Bill
I firmly believe the House must actto pass Senate Bill 986, known as theCommonwealth Agency Bonus Ban Act.This legislation would ban the paymentof bonuses to employees of the legis-lative branch and workers in variousexecutive agencies. The reason it isneeded is clear: to prevent “Bonusgate”from ever happening again.The Senate passed the bonusban legislation in a unanimous vote onOct. 17. The bill entered the Houseon Oct. 18 and was promptly referredto the House State Government Com-mittee – where it has languished to thisvery day.For nearly nine months, no sig-nificant action has been taken on thislegislation. Instead, this commonsensereform has lain dormant, dying a slowdeath with little notice. Some of my col-leagues and I plan to change that.In order to free the bill from thecommittee and bring it before the en-tire House for a vote, we plan to usea parliamentary maneuver known as adischarge resolution. A discharge reso-lution is a legislative option that permitsthe entire House to remove a bill fromcommittee when the committee has nottaken action for 15 legislative days.I will continue to fight for thiscommonsense reform to restore publicconfidence in state government.
PRSRT STDU.S. POSTAGE PAIDHARRISBURG PAPERMIT NO 529
STATE BUDGET RECAP
Taxes and Fees
In his annual budget address in February, Gov. Ed Rendell proposed several new taxesand fees to support large increases in state spending. For example, the governor proposeda new tax on consumer electric bills to pay for $850 million in new state debt associatedwith his energy proposals. In the end, the Legislature was able to pass a budget with nonew taxes or fee increases.
Overall Spending
When I began serving as a state legislator in 1997, the state budget was approximately$17 billion. This year, the state enacted a budget that will spend more than $28 billion. Thinkabout that for a second. From the time our Commonwealth was founded until 1997, thestate budget had only grown to $17 billion. In the past 12 years, the budget has balloonedby another $11 billion. Most of the spending increases have taken place during the currentadministration of Gov. Ed Rendell. When the governor signed his first state budget intolaw, it spent approximately $21.8 billion. By the time he signed his sixth budget into law thisyear, the state was slated to spend more than $28 billion.
Spending Increase
The state budget signed into law this year by the governor represents a $1.08 billionincrease in spending over last year’s budget. Taxpayers simply cannot afford to watch statespending increase by more than $1 billion each year. Sooner or later, such large spendingincreases will require some form of additional revenue – such as a tax increase – to pay for them.
Spending Cuts
By tightening the state’s financial belt, lawmakers were able to cut nearly $550 millionfrom non-mandated budget items in the governor’s budget proposal. These cuts helpedeliminate the need for any of the governor’s proposed tax or fee increases.
Rainy Day Fund
The state has accumulated a $742 million reserve account – commonly referred to asthe “Rainy Day Fund” – to protect taxpayers against tax increases during emergencies. Thesefunds were used, for example, following the attacks of Sept. 11 to avoid a tax increase whenthe economic repercussions of the attacks affected state revenues. Despite calls by thegovernor and some House Democrats to spend some of this money in this year’s budget,lawmakers appropriately protected the account so the funds will be available during a trueemergency.
School Funding
The governor’s original school funding proposal included a minimum increase for eachschool district of only 1.5 percent. Rendell’s proposal also included $34 million in new fundingspecifically targeted for Philadelphia schools. Through tough negotiations, legislators wereable to double the base increase from 1.5 percent to 3 percent and eliminate the specialfunding targeted to Philadelphia.
Reduced Legislative Spending
As I meet and talk with families throughout our area, I have found one common theme.Local residents are stretching their money further than ever in an attempt to make endsmeet. I thought it was important for lawmakers to show we understand and appreciate whatresidents are going through. To accomplish this, I firmly believe the Legislature should tightenits own financial belt. Lawmakers did just that, cutting House expenditures by $2.5 millionand Senate expenditures by $1.3 million.
Overall Analysis
While I obviously would have liked to see a more fiscally conservative budget thatbetter controlled spending, I was pleased that this year’s budget included no new taxes or fees and preserved the state’s Rainy Day Fund. Perhaps most importantly, I was pleasedto see the Legislature cut its own expenses – a sign that House members and Senators dounderstand the financial conditions and burdens of working families and senior citizens.
Budget Issue
Taxes and FeesOverall SpendingSpending IncreaseRainy Day FundSpending CutsSchool FundingReduced LegislativeSpending
Fast facts
Despite calls for new taxes and fees by Gov. EdRendell, this year’s budget includes none.The budget calls for $28.2 billion in spending.Spending will increase by $1.08 billion over last year.Despite calls from House Democrats and the governor to spend money from the state’s reserve account, thebudget does not dip into this fund.Using an across-the-board, 1.3 percent minimum cut innon-mandated budget items, lawmakers were able toeliminate $548 million in spending from the governor’soriginal proposal.All 501 school districts will receive a minimum increaseof 3 percent in basic education funding - double the 1.5percent minimum proposed by the governor.The House reduced its expenditures by $2.5 millionand the Senate reduced its expenditures by $1.3million.
BenninghoffFights for SafetyImprovementson State Route 322
Following a fatal traffic accident along stateRoute 322 in Centre County, I sent a letter on June23 to Allen Biehler, secretary of the PennsylvaniaDepartment of Transportation (PennDOT). I urgedthe secretary to make important safety improvementsto this road. In response, Biehler sent me a letter onJune 29 to let me know that PennDOT has plans toinstall centerline rumble strips along parts of stateRoute 322. These should help alert drivers when theycross the centerline, preventing head on collisions. Iwill continue to push for this and other much-neededsafety improvements to this local road.
BenninghoffMeasure Would BanGifts from Lobbyists
While current law requires lobbyists to reportcertain gifts provided to lawmakers by lobbyists, I haveproposed a new law that would completely prohibit lob-byists from providing any gifts, hospitalities, lodging or travel expenses to state officials or their employees.The current lobbying regulations are filled withloopholes. Instead of trying to plug all of those holes,our state needs a new law that completely bans giftsfrom lobbyists.
House Must ApproveDo-Not-Call List forPolitical Robo-CallsNOW!
I have advocated for legislation that would allowPennsylvanians to stop receiving political robo-calls.This bill was approved by the Senate in April and iscurrently under consideration in the House StateGovernment Committee, of which I am a member.In 1996, Pennsylvania created a Do-Not-Call Listfor commercial telemarketers. Senate Bill 820 wouldestablish a separate Do-Not-Call List for politicalrobo-calls. As with the existing Do-Not Call List, the At-torney General would be responsible for maintainingthe Do-Not-Call List for automated political calls.The first Do-Not-Call List for political robo-callswould be required to be in use by Oct. 15, 2008, intime for this fall’s election season.Under Senate Bill 820, it would be illegal for any political candidate or organization – includingso-called 527 groups – to make an automated po-litical call to any resident who signs up to be on thelist. Offenders would be subject to penalties of up to$1,000 per violation.Senate Bill 820 does not prohibit live politicalcalls. Candidates and political organizations will stillbe able to contact all voters by telephone as long asthey have a real person making the call.
WWW
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KERRY
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BenninghoffContinues Push forRedistricting Reform
Congressional and state legislative districts would be redrawnby the non-partisan Pennsylvania Legislative Reference Bureauusing strict criteria for mapping, transparency and public input.
A five-member temporary Redistricting Advisory Commissionwould be responsible for collecting and coordinating publicinput about any redistricting plan.
A redistricting plan would be developed by the LegislativeReference Bureau, made available for public consideration,revised based on public input and presented to the General Assembly for approval.
Both chambers of the General Assembly would have to approvethe redistricting plan for it to be implemented. Neither chamber would be allowed to amend the original plan submittedto it by the Legislative Reference Bureau.
The use of data related to voter registration and voter performancewould not be considered when drawing congressional and statelegislative districts.
Districts would be drawn – to the extent possible – to coincidewith boundaries of political subdivisions, including votingprecincts and school districts.The redistricting process outlined in House Bill 2420 calls for increasedtransparency by making all Advisory Commission meetings open to thepublic. In addition, all data used to draft a redistricting plan would be postedon the Internet.While I was disappointed with the Legislature’s failure to act, I will con-tinue to push for redistricting reform and other improvements to make stategovernment more transparent and accountable to the people. The prospect of change tends to make those who benefit from the current system uncomfort-able. But, in my opinion, representative government does not exist to makecertain people comfortable; it exists to implement the will of the governed.
I joined representatives from the League of Women Voters of Pennsylvania in April to unveil a comprehensive redistricting reformbill. The legislation would change the way legislative districts aredrawn, leading to more competitive elections and a more responsivegovernment.
Benninghoff Fights to ImproveControversial RockviewLand Transfer
At a state government committee meeting in Harrisburg, I planned to amendthe land transfer bill. When it became obvious the bill would pass without myamendment, I refocused my efforts toward improving the bill by amending it onthe House floor.
Senate Bill 2 – Provides for up to $800 million for water or sewer,storm water, flood protection and dam safety projects. Themoney will be provided through bonds, which will be paidback using a small portion of state gaming revenue.
Senate Bill 1341 – Provides for a ballot referendum to authorize$400 million in new bonds to pay for improvements to drinkingwater and wastewater treatment systems. YOU will have achance to VOTE on whether or not the state should proceedwith this plan to borrow money for these projects.
In June, the House approved a land transfer bill that would conveymore than 1,100 acres of land from Rockview State Prison to Penn StateUniversity at a price of more than $1 million. Working in a bipartisan manner with my colleagues, I successfully amended the bill to enhance environmentalprotections and, perhaps more importantly, made arrangements to extendpublic access to the land.Specifically, the improvements will ensure the public – including hunters,hikers and other outdoor enthusiasts – has access to the land in perpetuity.Originally, the land transfer arrangements would have only ensured publicaccess for a period of 35 years.While I still have concerns about the land transfer, the overwhelmingamount of legislative support for the measure made it impossible to block.Instead, I focused on improving what I considered a “less than ideal” pieceof legislation.The measure – Senate Bill 740 – was introduced by Sen. Jake Corman(R-34). As originally introduced, the bill included several non-controversialstate land transfers. After it was passed by the Senate in May 2007, the billwas referred to the House State Government Committee. That committeeapproved a controversial amendment, championed by Rep. Mike Hanna(D-76), that included the land transfer to Penn State, Benner Township andthe Pennsylvania Fish and Boat Commission.I planned to introduce my own amendment at the committee meeting.My amendment would have conveyed the land to the Pennsylvania GameCommission (PGC) for more than $2 million – twice the amount Penn Statewould pay. However, the overwhelming support for Hanna’s amendmentmade my amendment a moot point. Instead, I focused on amending the billon the House floor to improve the provisions of the land transfer.When the bill came before the House on second consideration, Isuccessfully inserted an amendment prohibiting the application of sewagesludge on the land that is to be conveyed to Penn State. I also secured theimprovement to extend public access in perpetuity.This is a dramatic improvement and a win-win for the public. We wereable to secure some land access protections and environmental protectionsfor local residents. Those are protections that weren’t in the bill when itwas introduced.The House approved the bill on June 18. Because the bill was amendedin the House, it was returned to the Senate for consideration.
ENNINGHOFF
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You Should Know
The Legislature passed and the governor signed into law two bills in conjunction with the budget that would provide for critical investments in Pennsylvania’saging infrastructure. They were:
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