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Reform Report

Spring 2010

HIV Testing for Sex Offenders Act Protects

Rape Victims and Millions in Federal Funding
Just like many of the bills I have authored since first taking office in House Bill 265 contains all mandatory provisions required by the
June 2003, the HIV-Related Testing for Sexual Offenders Act VAWA including:
(House Bill 265) is inspired by the real life story of a district
resident. 1. Per the victim’s request, the defendant being tested for
HIV within 48 hours of being held for trial through
However, as you will see from the following excerpts taken indictment or preliminary hearing;
from my recent testimony before the Pennsylvania House
Judiciary Committee, the personal and economic costs of 2. Test results provided to the victim and to the defendant
legislative inaction are too high as soon as is practicable;
to be denied by business as usual 3. Follow-up HIV testing provided
politics in Harrisburg. as medically appropriate.
Jennifer’s Story Consequences of Inaction
A student attending one of Penn- According to the U.S. Department of
sylvania’s universities, Jennifer’s life Justice, which administers the alloca-
was tragically interrupted when tion of these grants, Pennsylvania has
she was raped. Thankfully, the per- received more than $3.8 million under
petrator was caught quickly after the VAWA since 2006, but has already
committing this despicable and been locked out of approximately 5
cowardly act. percent of this guaranteed federal
Jennifer immediately sought help funding for not enacting the type of
from medical professionals. She statute provided through House Bill
went to the hospital and was seen 265.
by doctors and nurses and later a For example, the Pennsylvania
victim’s advocate. Commission on Crime and Delin-
Both Jennifer’s mother and father quency received a $750,000 grant
contacted the district attorney and Representative Mustio recently testified before the Pennsylvania in 2006, but forfeited 5 percent or
the police. At every stop along the House Judiciary Committee regarding the immediate need to $37,500 simply because state law does
way, Jennifer and her parents asked enact his legislation requiring immediate HIV testing for sexual not comply with the VAWA. Broken
if the perpetrator could be tested offenders. If Pennsylvania fails to enact House Bill 265 by the end down another way, that’s $37,500
for HIV. of the 2009-10 legislative session, the Commonwealth will forfeit which cannot be used to make sure
abused women and their children have
As a victim, Jennifer wanted peace millions of dollars in guaranteed federal funding benefiting victims a safe place to sleep. That’s $37,500
of mind. She wanted to know if of rape and domestic abuse. which cannot be used to make sure
the man who raped her had also there are enough counselors to meet
given her a life-threatening illness. the needs of those battered by a loved
She wanted to know if she should start treatment for the HIV one.
infection, called nPEP, which must be given within a short time
frame for maximum effectiveness and to avoid other potentially All totaled, if House Bill 265 does not become law by the
dangerous side effects. end of 2010, Pennsylvania’s domestic abuse programs will lose 5
percent of more than $3 million awarded to communities across
Unfortunately, no one Jennifer or her family members spoke the Keystone State in 2007, 2008 and each year thereafter.
to knew of a way to have her attacker tested to reveal his HIV
status. By adopting the VAWA, Congress has already demonstrated
that they are on the same side with Jennifer and other domestic
The Legislation abuse victims who want the peace of mind of knowing whether
they have been exposed to the HIV virus.
If not for Jennifer’s courage to come forward, I would never
have known about the federal Violence Against Women Act Rest assured, I will continue to use every legislative mechanism at
(VAWA) that requires all 50 states to enact a law that requires my disposal to protect and restore this guaranteed federal funding
an attacker to be tested for HIV upon request of the victim. and, most importantly, return Pennsylvania to the right side of the
Referred to the House Judiciary Committee on Feb. 5, 2009, law through final passage of House Bill 265.
Bringing State Government to You
Mustio Takes On Big G
Mustio Appointed
House Republican Deputy Whip Problem:
Pennsylvania General Assembly
America’s Largest,
Most Expensive Full-Time
State Legislature

Reform Solutions:
The 101-day 2009-10 state budget impasse,
mounting corruption charges and a state
government that has greatly overreached its bounds,
in terms of size and taxpayer-expense, these are
House Republican Whip Mike Turzai (R-Allegheny) just some of the reasons I have re-introduced a new
has appointed me to serve as a House Republican deputy and dramatically improved version of my legislation to
whip for the 2009-10 legislative session. As a deputy downsize the Pennsylvania General Assembly and
whip, I am called upon to handle a variety of House floor immediately signed on to another proposal to return our
responsibilities, including helping to monitor floor attendance, nation’s largest and most expensive full-time state
assisting in obtaining accurate vote counts and communicating Legislature to part-time status.
caucus positions prior to House floor debates.
House Bill 55
In addition, I have returned for my fourth consecutive
term as a member of the House Labor Relations, Liquor If approved in two consecutive sessions of the General
Control and Professional Licensure committees and, Assembly and by voter referendum, my constitutional
for the first time, a member of the House Urban Affairs amendment would accomplish the following:
• Reduce the number of state Senate members from
Mustio Tapped for 50 to 37; with corresponding reductions in both
Senate staff and operating costs.
Select Committee to Improve
Minority, Women and • Reduce the number of state House members from
203 to 185; with corresponding reductions in both
Disadvantaged Business House staff and operating costs.

Inclusion House Bill 1554

House Bill 1554 proposes integrated amendments to the
Pennsylvania Constitution to return the Pennsylvania
General Assembly to its original foundation of a
part-time citizens legislature.

• Under this proposal, the Legislature would be in ses-

sion 60 days, every two years and a two-year
budget would be debated and passed.

• For the remainder of their terms, individual state

lawmakers would return home to regular jobs,
unless called into emergency session by the
governor or a legislative majority.
In April 2009, House Republican Leader Sam Smith • Pennsylvania General Assembly members would
appointed me to serve on a select bipartisan House commit- receive part-time pay for part-time work.
tee to investigate the degree to which minority-, women-, and
disadvantaged-owned businesses are receiving consideration for • The total amount of state tax dollars currently spent
state government contracting, federal stimulus funding and other on staff salaries, medical benefits and legislative
procurement opportunities. per diems such as automobiles, cell phones,
mileage, meals, lodging, etc. would also be
In late January, the Select Committee introduced a 10-bill eliminated or substantially reduced.
package of legislation to implement our initial recommenda-

If enacted, my legislative contribution, House Bill 2149, would

tighten the prompt payment requirement for contractors
and subcontractors in the Pennsylvania Procurement Code
by shortening the current time frame from 14 days to five.
For the latest
Government Problems With Real Reform Solutions
Problem: Mustio Backs Legislation to
Multi-Billion Dollar Keep Government’s Hands Off
Pension Crisis Your Health Care
Representative Mustio
Reform Solutions: gets a first-hand tour
of Robert Morris
Through the first seven months of this fiscal year, University’s RISE
Pennsylvania is facing a $375 million and rising Center which uses
budget deficit with absolutely no reserve funds life-like computerized
left to produce a balanced 2010-11 state budget- mannequins to allow
if overall spending is not dramatically reduced. Add medical students and
to this, the multi-billion dollar state and school current health care
employees pension crisis, which is scheduled to professionals to
spike in 2012, and Pennsylvania has all the makings for practice important
an unprecedented fiscal catastrophe. skills needed to
provide safe, quality
As a member of the House Republican Reform Task care to patients.
Force, which is now exclusively focused on addressing
this critical issue, I am supporting the following solutions
to alter the manner in which retirement packages are
offered to future state and public school employees: House Bill 2053

House Bill 1174 Rejecting the concept of government-run health care, where
bureaucrats make decisions instead of patients and their doctors,
This reform legislation would replace pension plans for recently I added my support to the Freedom of Choice in Health
future stateRepresentative Mustio employees
and public school recently participated
with in a stateCareCapitolAct.
press conference to reveal the
defined contribution retirement accounts similar results of a Federation for
to 401(K)s. American Immigration
Implementation Reform such
of legislation (FAIR)as study confirming that
Regardless of any actions taken by the federal government to mandate
enacting the National Security Begins at Home illegal
House Bill 1174 would remove the Commonwealth’s
immigration reform package would save Pennsylvania
all citizens to buy health insurance or face a penalty, if enacted,
monthly dispersal obligation, while providing
taxpayers no less than $728 million annually. Mustio’s House Bill 2053 would:
employees with greater flexibility for their retirement
legislation (House Bill 1773) would terminate the professional
income. • Protect the right of individual Pennsylvanians to enter into
license of any employer for knowingly hiring illegal aliens.
private contracts with health care providers for health care
House Bill 2135 services and to purchase private health care coverage or
House Bill 2135 is another piece of pension reform
legislation that is dependent upon establishing a defined • Prohibit any branch of state government, agency or
contribution system. Unlike House Bill 1174, House department from directly or indirectly imposing any type
Bill 2135 applies exclusively to future public school of penalty or fine on individuals or employers choosing to
employees and does not eliminate pensions. Rather, obtain or decline health care coverage or for participation
this legislation creates a hybrid system that effectively in any particular health care system or plan.
mixes a reduced version of the current defined benefit
plan with a 401(K) type defined contribution plan. In Passage of House Bill 2053 will further ensure that any health care
addition, House Bill 2135 caps the amount in which the reforms implemented in Pennsylvania will reduce costs and expand the
employer contribution rate can increase over the next availability of coverage, rather than increasing taxes and decreasing the
several years. freedom of choice in health care for all Commonwealth residents.

Mustio Supported EnergizePA Initiative Yields

Larger Than Expected State Revenues
As one of the original co-sponsors to the “EnergizePA” plan
(House Bill 1050) to expand natural gas drilling across
390,000 additional acres of state forest land, Representative
Mustio made a legislative visit to Atlas Energy Resources, LLC’s
Marcellus shale wells. Proposed and enacted in response to
Gov. Ed Rendell’s original proposal to tax Marcellus natural gas
extraction, EnergizePA has exceeded expectations resulting in
bids totaling $128 million. The plan is expected to generate at
least $60 million in revenue for 2010 and an additional $180
million in 2011—virtually negating the need for new or
increased taxes.

Legislative Updates visit

District Digest
Mustio Voluntary Health Care Contributions and Perks Elimination
Add Up to Nearly $60,000 in Taxpayer Savings
First, let me begin by thanking both my district and Harrisburg office staff for the extraordinary service they provide
everyday to both myself and District 44 residents. Your level of professionalism and dedication was especially evident
during my recooperation last fall from surgery complications.
As part of my ongoing, individual efforts to increase
government efficiency and transparency, my Monthly
Legislative Expense Report is now available for review at
Since taking office in June 2003, I have saved Pennsylvania
taxpayers no less than $59,250 by refusing to accept a:
• Taxpayer-funded automobile: ($650 per month
or $51,350 through February 2010)
• Taxpayer-funded cell phone: ($100 on average
per month or $7,900 through February 2010)
In addition to not accepting mileage reimbursement for miles driven within my legislative district, in June 2008, I
became the first State Representative in Pennsylvania history to begin contributing 1 percent of my monthly salary
toward the total cost of my health care benefits.
Although these pro-taxpayer stands are extremely unpopular with leadership and many others in the Harrisburg
establishment, I will continue to proactively call on my colleagues in the state House to do the same. Again, I did not
come to Harrisburg to make friends, but to achieve the results that my constituents expect, demand and deserve.

As part of his ongoing local business visitation program, Representative Mustio personally presented more than 70
Representative Mustio recently rode along on a FedEx local Korean and Vietnam War heroes with certificates during
Corporation express service route from the Harrisburg hub to a recognition ceremony he hosted in their honor at the 911th
Somerset. With headquarters located in Moon Township, Club House.
FedEx is one of the largest employers and shipping service
providers in the Airport Corridor, across Pennsylvania and
around the world.

More than 400 local seniors and their families attended

Representative Mustio’s 2009 Senior Expo.

DISTRICT OFFICE: 1009 Beaver Grade Road, Suite 220, Moon Township, PA 15108 /Phone: (412) 262-3780 / Fax: (412) 262-3783

HARRISBURG OFFICE: Room 402, Irvis Office Bldg., PO Box 202044, Harrisburg, PA 17120-2044 / Phone: (717) 787-6651