Senator Lisa Baker

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September 21, 2007

Pennsylvania Senate Republican News Brief


"Housing is most often the largest single purchase made by a family and it almost always necessitates the borrowing of money. Therefore, we must ensure that there is a level and equitable playing field in the mortgage market – one that respects the rights of borrowers as well as those of reputable lenders.”

-- Senate Banking and Insurance Committee Chairman Don White (R-Indiana) on reforming Pennsylvania’s mortgage laws. Sen. Pat Browne (R-Lehigh) has introduced a package of four mortgage-reform bills. (See below.)
 


Preview

HEARINGS SET ON HSCA FUNDING, ALTERNATIVE FUEL MANDATES

THE SENATE ENVIRONMENTAL RESOURCES AND ENERGY COMMITTEE, chaired by Sen. Mary Jo White (R-Venango), will hold a public hearing Monday on the Hazardous Sites Cleanup Fund.

Secretary of Environmental Protection Kathleen A. McGinty has been invited to appear before the committee to respond to questions regarding the status of the fund.

Senator White called the hearing after members expressed concern over apparently conflicting statements on when the Hazardous Sites Cleanup Program would be shut down.  The program is responsible for supporting approximately 250 DEP employees and serves as the Commonwealth’s primary tool to respond to toxic spills and releases affecting local residents.

On Tuesday, the committee will hold the second of two public hearings to discuss a proposed alternative fuel mandate for gasoline and diesel fuel sales within the Commonwealth. (Video of the Sept. 19 hearing, as well as submitted testimony and additional information, is available online at the committee website.)

COMMITTEE TO HOLD HEARING ON ENFORCEMENT OF 2006 PROPERTY TAX RELIEF LAW

THE SENATE EDUCATION COMMITTEE, chaired by Sen. James Rhoades (R-Schuylkill), will hold a public hearing Tuesday on enforcement of Act 1 of 2006 – the Taxpayer Relief Act.

The hearing is being held to make sure school districts are not exceeding the limit on property tax increases set down by the law.

Review

HEARING HELD ON MORTGAGE REFORM; BANKING SECRETARY CONFIRMED

THE SENATE BANKING AND INSURANCE COMMITTEE, chaired by Sen. Don White (R-Indiana), held a public hearing Tuesday on a package of mortgage reform bills and recommended confirmation of Steven Kaplan to serve as Secretary of Banking. Kaplan was later confirmed by the Senate.

Senator White urged Kaplan to support Pennsylvania’s small community banks and to "keep an open mind" regarding the issue of payday lending institutions in Pennsylvania. Sen. Jake Corman (R-Centre) and Sen. John Rafferty (R-Montgomery) stressed the need for the Banking Department to work toward making the mortgage process easier for consumers by reducing paperwork and making the language easier to read.

Senator Rafferty asked: “In light of recent problems with mortgages and people misunderstanding their mortgages, are we looking to make the language clearer in these documents? Is there something we can do to help the public understand what they are signing, what the consequences are of a flexible interest rate and what the consumer is going to be paying?”

Kaplan said the department is looking at making the process more consumer friendly, such as requiring the basic provisions of a mortgage be spelled out in simple language as a one-page cover sheet to be included with every mortgage package. (For information on Senate mortgage reform bills, please see In the Spotlight and Fast Facts, below.)
Senator Corman Senator Corman

COMMITTEE VOTES TO REQUIRE SEX OFFENDERS TO REGISTER EMAIL, SCREEN NAMES

LEGISLATION SPONSORED BY Sen. Pat Browne (R-Lehigh) to require convicted sex offenders to register their email addresses and online screen names with state authorities was approved Wednesday by the Senate Judiciary Committee, chaired by Sen. Stewart Greenleaf (R-Montgomery). 

Senate Bill 490 would require sex offenders and sexually violent predators to provide that information to the Pennsylvania State Police as well as the state Board of Probation and Parole. Currently, sex offenders are required to register their residential addresses, employment and/or student information with authorities. 

In addition to the requirement that offenders register their online information, Senate Bill 490 requires those who change their email addresses and/or instant messaging screen name to report those changes to state authorities within 48 hours. 

"It is clear that contact between sex offenders and children through electronic means such as email, the internet, chat rooms, and blogs is rising as a problem. These electronic communications have become a risk in terms of increasing the ability of sexual offenders to have contact with children," Senator Browne said.
Senator Browne

SEN. ORIE: PROHIBIT USE OF NAMES, IMAGES OF FALLEN SOLDIERS FOR COMMERCIAL PROFIT

Seeking to protect the rights of families of soldiers who have died in Iraq, Sen. Jane Orie (R-Allegheny) is introducing legislation prohibiting the use of the name or likeness of a fallen soldier for commercial profit.

The issue first came to light when an Oklahoma family discovered various materials being marketed on E-Bay bearing the image of their son who died in combat in Iraq.  A Flagstaff, Arizona, company that sells anti-war and anti-Bush bumper stickers via the Internet was distributing the T-shirts, which included the names or images of fallen soldiers, along with a super-imposed political message.

Sen. Orie’s bill would make it a misdemeanor to publish for commercial purposes a fallen soldier's name or image without the family's consent, and would preserve the family's right to file a civil suit to protect their privacy and attach any proceeds. Legislation was enacted last year in Oklahoma and Louisiana to prohibit such conduct, and measures are pending in numerous other states and Congress.

"While political speech is rightfully protected by the state and federal constitutions, I believe it is disrespectful and unnecessary to compound a family's tragedy when conveying a message. That is particularly true when it is done without that family's consent and without sharing the proceeds with the soldier's estate,” Senator Orie said.
Senator Orie

LOCAL GOVERNMENT PACKAGE AIMS TO SAVE TAXPAYER MONEY

As part of his efforts to provide local governments flexibility from state mandates and save taxpayers money, Senate Local Government Committee Chairman Bob Regola (R-Westmoreland) coordinated the introduction of a bipartisan 16-bill package raising the levels at which municipalities must go through the formal bidding process when purchasing products or contracting for services.

Currently, anytime a municipality plans to purchase an item above $10,000, it must go through the bidding process by advertising twice in a newspaper, receiving sealed bids by vendors, and voting at a public meeting on the lowest bid.  Senate Bills 1071 to 1086 would amend the various local government codes -- including those for counties, cities, townships, boroughs and school districts -- by raising from $10,000 to $25,000 the level at which local governments must go through the bidding process.

The bills also increase the range requiring written or telephoned quotes from $4,000 to $10,000 to $7,000 to $25,000.  Additionally, the bid limit thresholds would be adjusted annually by the Department of Labor and Industry based upon the Consumer Price Index for all Urban Consumers (CPI-U) -- thus negating the need to regularly address this issue.

Senator Regola said: "It has been 17 years since the General Assembly last addressed this issue. It's time that we provide local governments the flexibility they need so that they can do their jobs without being constrained by red tape.  Furthermore, the ability to make relatively small purchases without the time and expense of advertising and bidding will be more efficient and save money for municipalities.  Savings to the districts ultimately means saving our taxpayers money."

The Senate Local Government Committee plans to meet on September 26th to take up the legislation.

COMMITTEE APPROVES RESOLUTION URGING "NO CHILD LEFT BEHIND" IMPROVEMENTS

CHALLENGING CONGRESS TO IMPROVE the federal No Child Left Behind Act, the Senate Education Committee, chaired by Sen. James Rhoades (R-Schuylkill), approved a resolution Wednesday outlining specific changes to some of the law's burdensome federal mandates.

Senate Resolution 141 encourages Congress to: fully fund education mandates imposed on states; consider all properly certified teachers "highly qualified;" assess special education students based on their skill levels; and broaden assessments for all students to include a menu of indicators, such as grades, projects and portfolios, rather than relying on a single standardized test.
Senator Rhoades

In the Spotlight

THE COMMITTEE HELD A PUBLIC HEARING ON FOUR MORTGAGE REFORM BILLS (Senate Bills 483, 484, 487 and 488) introduced by Sen. Pat Browne (R-Lehigh).

The bills were developed by the Department of Banking after a study of residential lending, trends in foreclosures, and document lending practices in Pennsylvania that are harmful to consumers.  The measures would create new categories of licenses for mortgage originators, and provide public access to information on fines levied against licensees.

Senator Browne told the committee that Pennsylvania has seen a record increase in home ownership and a corresponding increase in mortgage foreclosures, both due in part to a proliferation of “lending products” available to consumers.

Senator White said the souring of the mortgage market has created a ripple effect that is reaching many other aspects of the economy.
Senator Browne Senator Browne

Fast Facts

SEN. BROWNE’S MORTGAGE REFORM BILLS

  • Senate Bill 483 would amend the Loan Interest and Protection Law to increase the monetary cap in the Act from $50,000 to $197,000.

  • Senate Bill 484 would permit the Department of Banking to publicly release information on pending enforcement actions and fines levied against non-depository licensees.

  • Senate Bill 487 would create a new licensing category for individual mortgage originators who deal directly with the consumer by soliciting, accepting, or offering to accept mortgage loan applications, or negotiating mortgage loan terms.

  • Senate Bill 488 would create a new licensing category for individual mortgage originators who deal directly with the consumer by soliciting, accepting, or offering to accept secondary mortgage loan (home equity) applications or negotiating secondary mortgage loan terms.

Questions or Comments?

Contact the Senate Republican Communications Office or call 717-787-6725.

 

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