Capitol Report
Following is a listing of executive, legislative and judicial action for the week of June 15. The Pennsylvania Senate was in recess at press time subject to recall by Senate President Pro Tempore Joe Scarnati, R-Jefferson. The state House of Representatives was in recess and scheduled to return to session Monday.
June 19, 2020 at 01:00 PM
5 minute read
Following is a listing of executive, legislative and judicial action for the week of June 15. The Pennsylvania Senate was in recess at press time subject to recall by Senate President Pro Tempore Joe Scarnati, R-Jefferson. The state House of Representatives was in recess and scheduled to return to session Monday.
Impeachment Articles
State Rep. Daryl Metcalfe, R-Butler, on June 16 filed five articles of impeachment against Gov. Tom Wolf, arguing his emergency measures to contain the coronavirus have been ineffectual but have decimated the Pennsylvania economy.
The articles gained 24 co-sponsors in the state House of Representatives. Metcalfe argued that Wolf's invocation of emergency powers was unconstitutional and "has caused immeasurable harm and hardship for far more Pennsylvanians than the virus!"
He also said the Wolf administration's decision to admit COVID-19 patients to nursing homes and long-term care facilities was responsible for 3,000 deaths. Metcalfe also called Wolf's shutdown and stay-at-home orders, which were aimed at stemming the spread of the coronavirus, "arbitrary, non-transparent and extreme." He blamed them for job losses that resulted in the filing of 2 million unemployment benefit claims and businesses forced to close their doors.
The spokesman for the House Democratic caucus called the impeachment drive a "circus sideshow."
Meanwhile, Wolf's spokeswoman told the PennLive website that Metcalfe's move was "just the latest example of the House Republicans wasting time instead of helping to protect Pennsylvanians during this public health crisis."
COVID-19 Cases
Pennsylvania is one of just three states that has had a downward trajectory of COVID-19 cases for more than 42 days, according to data from the U.S. Centers for Disease Control and Prevention, the Wolf administration said. Only Montana and Hawaii join Pennsylvania in the sustained downturn in new cases, Wolf said at a briefing June 16.
"We know our decline in cases is because of our choices because more than half of states are experiencing an increase in COVID-19 cases as reopening begins," Gov. Wolf said. "Many of these states are experiencing significant case increases tied to reopening too soon or too much. Pennsylvania is not. We have remained focused on balancing economic interests with public health."
Wolf pointed to the decision to require masks when visiting businesses even in counties in the green phase as another smart decision that could have lasting effects as a COVID-19 surge is possible this fall.
Meanwhile, state Sen. David Argall, R-Schuylkill, speaking at a workshop organized by the Senate Majority Police Committee, said Wolf's orders that shuttered business activity earlier this spring had a "devastating impact" on northeastern Pennsylvania, citing a recently announced closure of a Schuylkill County clothing factory that employed 90 workers.
"We have been told that some of these employers will take years to financially recover and some unfortunately have had no choice but to close their workplaces even after being in operation for decades and decades," Argall said.
Hair Braiding
A class action lawsuit to strike down Pennsylvania's mandatory licensing for hair braiding has been filed with the Commonwealth Court in the wake of a state government study that it blocks opportunity without protecting the public.
John Shaw, of Shaw Keller, filed the suit on behalf of four braiders, the firm announced June 18, to unravel what it calls an "unnecessary and burdensome requirement."
The action was filed two years after Gov. Tom Wolf said the license–which requires 300 hours of training and a test–should be eliminated. Plaintiffs in the case included three hair braiders who learned their skills at an early age, according to a press release from Shaw Keller, and practice a natural technique involving no chemicals or hair implements.
"Braiding is so safe that no natural hair braider in Pennsylvania has ever received a health or safety complaint," Shaw said. "Yet braiders are still required to get hundreds of hours of training, much of it in subjects that have nothing to do with braiding. The Pennsylvania Constitution protects the braiders' right to earn a living. Right now, they have to stop working to get completely unnecessary training."
Currently 28 states allow braiders to practice without a license, including Delaware, Maryland and West Virginia, according to the press release.
Unclaimed Property
Pennsylvania Treasurer Joe Torsella and Attorney General Josh Shapiro jointly filed an amicus brief to the U.S. Supreme Court in an appeal of LaTurner v. United States, saying that the high court should take down a decision that "effectively undermines" state laws aimed at reuniting unredeemed U.S. savings bonds with their owners. The U.S. Treasury Department has actively opposed and blocked state efforts to reclaim these funds on behalf of their citizens, keeping billions of dollars in matured and unredeemed bonds proceeds owed to American citizens, according to a statement from the Pennsylvania Treasury.
With maturity periods between 15 and 30 years, many bonds records have subsequently been lost or forgotten and their original owners have deceased. Consequently, there are approximately $850 million in matured yet unredeemed U.S. savings bonds that were purchased by and owed to Pennsylvania residents and their beneficiaries.
"It is both wrong and repugnant to any sense of fair dealing for the U.S. government to encourage citizens to buy savings bonds for patriotic reasons, yet sit on the proceeds for decades without making any effort to return to the owners," said Torsella. Torsella and Shapiro argue that the high court should decide that if U.S. Treasury Department fails to inform owners that their bonds have matured or contact owners who have not redeemed their bonds, possession of the matured bonds should be turned over to states so they may be returned to their rightful owners through well-established unclaimed property programs.
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