Pennsylvania Tenth Amendment Legislation Status – March 25, 2012

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New Arrivals to Legislative Tracking

These Tenth Amendment related items are currently under consideration in the Pennsylvania Legislature and are appearing for the first time in our legislative updates:

  • HB1622 – An Act providing for Pennsylvania-manufactured incandescent light bulbs. -  Representative GABLERReferred to COMMERCE, July 18, 2011 [House].
  • HR436 – A Resolution designating October 10, 2011, as “Tenth Amendment Day” in Pennsylvania. -  Representative CREIGHTON – Adopted, Oct. 5, 2011 (200-0) [House].
  • HR319 - A Resolution memorializing Congress to repeal the provisions of the Energy Independence and Security Act of 2007, which creates Federal energy efficiency standards for lighting. – Representative GABLER -  Referred to ENVIRONMENTAL RESOURCES AND ENERGY, July 18, 2011 [House] .
  • HR369 - A Resolution memorializing the Congress of the United States to address concerns raised by recent regulations promulgated by the Federal Highway Administration concerning road and street signs. – Representative LAWRENCE - Referred to TRANSPORTATION, Aug. 10, 2011 [House].

Updates

Legislative items which have already been reported and have changed from our last update include:

  • HB42 – An Act providing for the rights of individuals to purchase private health care insurance; and prohibiting certain governmental action. – Representative BAKER – Laid on the table, Oct. 26, 2011.
  • SB10 – A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, providing for health care services. – Senator SCARNATI – Re-referred to APPROPRIATIONS, March 14, 2012 .
  • HB752 – An Act prohibiting certain firearms, firearm accessories or ammunition from being subject to Federal law or Federal regulation. – Representative GABLER – Referred to JUDICIARY, Feb. 17, 2011 [House].
  • HB2029 – An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, prohibiting the application of foreign law which would impair constitutional rights. - Representative SWANGER – Referred to JUDICIARY, Nov. 18, 2011 [House].

Detailed Legislation Status

This section contains a complete list of all Tenth Amendment related legislation which we are currently tracking in Pennsylvania.  If you know of other items, please send e-mail to pennsylvania -at- tenthamendmentcenter.com to let us know!

Asserting Pennsylvania’s State Prerogatives under the Tenth Amendment

Energy And Transportation

  • HR319 - A Resolution memorializing Congress to repeal the provisions of the Energy Independence and Security Act of 2007, which creates Federal energy efficiency standards for lighting. – Representative GABLER -  Referred to ENVIRONMENTAL RESOURCES AND ENERGY, July 18, 2011 [House] .
  • HR369 - A Resolution memorializing the Congress of the United States to address concerns raised by recent regulations promulgated by the Federal Highway Administration concerning road and street signs. – Representative LAWRENCE - Referred to TRANSPORTATION, Aug. 10, 2011 [House].
  • HB1622 – An Act providing for Pennsylvania-manufactured incandescent light bulbs. -  Representative GABLER – Referred to COMMERCE, July 18, 2011 [House].

Health Care Freedom – Asserting Tenth Amendment Authority over Health Care in Pennsylvania

  • HB42 – An Act providing for the rights of individuals to purchase private health care insurance; and prohibiting certain governmental action. – Representative BAKER – Laid on the table, Oct. 26, 2011 [House].
  • HB1653 – An Act providing for the medical use of marijuana. – Representative COHEN - Re-referred to HUMAN SERVICES, June 23, 2011 [House]
  • SB10 – A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, providing for health care services. – Senator SCARNATI – Re-referred to APPROPRIATIONS, March 14, 2012 [Senate].
  • SB220 – An Act amending Title 40 (Insurance) of the Pennsylvania Consolidated Statutes, providing for health insurance coverage not required. – Senator FOLMER – Referred to BANKING AND INSURANCE, Jan 21, 2011 [Senate].
  • SB1003 – An Act providing for the medical use of marijuana; and repealing provisions of law that prohibit and penalize marijuana use. – Senator LEACH – Referred to PUBLIC HEALTH AND WELFARE [Senate].

Protecting Pennsylvanians from Unconstitutional TSA Intrusions

  • HR16 – A Resolution memorializing Congress to address concerns raised by security screening methods employed by the Transportation Security Administration. – Representative TALLMAN – Referred to STATE GOVERNMENT, Jan 20, 2011 [House].
  • HB852 – An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, providing for indecent assault during the course of body search. – Representative TALLMAN – Referred to STATE GOVERNMENT, Feb 28, 2011 [House].

Protecting Pennsylvanians’ privacy from Unconstitutional National ID requirements

Protecting Pennsylvanians’ right to bear arms from Commerce Clause scope creep

  • HB752 – An Act prohibiting certain firearms, firearm accessories or ammunition from being subject to Federal law or Federal regulation. – Representative GABLER – Referred to JUDICIARY, Feb. 17, 2011 [House].

Municipal Defense of the Tenth Amendment

The Clearfield County comisioners have offered to hold public hearings on a resolution which would ask Congress to “reconsider some of the language in the new law (NDAA of 2012) and have it clarify that it does not deny citizens their rights to Habeas Corpus”.

 

Legislative Score Cards

State Senate

Here are the members of the Pennsylvania Senate who have sponsored Tenth Amendment Legislation.

Senator
# as Sponsor
# as Prime Sponsor 
Total
FOLMER
6
3
9
ALLOWAY
6
0
6
EARLL
6
0
6
ERICKSON
6
0
6
ORIE
6
0
6
D.WHITE
5
0
5
LEACH
4
1
5
M.WHITE
5
0
5
WAUGH
5
0
5
FARNESE
4
0
4
FERLO
4
0
4
FONTANA
4
0
4
KITCHEN
3
1
4
WOZNIAK
3
1
4
ARGALL
3
0
3
BAKER
3
0
3
BOSCOLA
3
0
3
BRUBAKER
3
0
3
EICHELBERGER
3
0
3
KASUNIC
3
0
3
PIPPY
3
0
3
ROBBINS
3
0
3
SCARNATI
2
1
3
STACK
3
0
3
WARD
3
0
3
WILLIAMS
3
0
3
COSTA
2
0
2
MENSCH
2
0
2
PICCOLA
2
0
2
RAFFERTY
2
0
2
SMUCKER
2
0
2
YAW
2
0
2
CORMAN
1
0
1
McILHINNEY
1
0
1
VOGEL
1
0
1

State House

Here are the members of the Pennsylvania House who have sponsored Tenth Amendment Legislation.

Representative
# as
Sponsor
# as Prime Sponsor 
Total
GABLER
7
3
10
SWANGER
8
2
10
TALLMAN
8
2
10
DENLINGER
8
0
8
BAKER
6
1
7
CLYMER
7
0
7
CREIGHTON
6
1
7
METCALFE
7
0
7
ROAE
7
0
7
GEIST
6
0
6
GROVE
6
0
6
KAUFFMAN
6
0
6
RAPP
6
0
6
BLOOM
5
0
5
CUTLER
5
0
5
GILLEN
5
0
5
GINGRICH
5
0
5
HESS
5
0
5
HORNAMAN
5
0
5
KNOWLES
5
0
5
LAWRENCE
4
1
5
MILLARD
5
0
5
MURT
5
0
5
OBERLANDER
5
0
5
PICKETT
5
0
5
BENNINGHOFF
4
0
4
CAUSER
4
0
4
HENNESSEY
4
0
4
METZGAR
4
0
4
MOUL
4
0
4
PYLE
4
0
4
SACCONE
4
0
4
SAYLOR
4
0
4
SIMMONS
4
0
4
STERN
4
0
4
CALTAGIRONE
3
0
3
COX
3
0
3
EVERETT
3
0
3
FABRIZIO
3
0
3
GODSHALL
3
0
3
GRELL
3
0
3
HARHART
3
0
3
HARRIS
3
0
3
HUTCHINSON
3
0
3
MILLER
3
0
3
READSHAW
3
0
3
REICHLEY
3
0
3
SCHRODER
3
0
3
SONNEY
3
0
3
STEVENSON
3
0
3
TOEPEL
3
0
3
TOOHIL
3
0
3
VULAKOVICH
3
0
3
AUMENT
2
0
2
BARRAR
2
0
2
BOYD
2
0
2
BROOKS
2
0
2
CHRISTIANA
2
0
2
COHEN
1
1
2
DUNBAR
2
0
2
EVANKOVICH
2
0
2
FLECK
2
0
2
GIBBONS
2
0
2
GOODMAN
2
0
2
HELM
2
0
2
HICKERNELL
2
0
2
KORTZ
2
0
2
KOTIK
2
0
2
KRIEGER
2
0
2
M.K.KELLER
2
0
2
MAJOR
2
0
2
MALONEY
2
0
2
MARSHALL
2
0
2
MUSTIO
2
0
2
PERRY
2
0
2
REESE
2
0
2
SCAVELLO
2
0
2
TRUITT
2
0
2
BEAR
1
0
1
BOBACK
1
0
1
BRIGGS
1
0
1
CURRY
1
0
1
D.COSTA
1
0
1
DAY
1
0
1
ELLIS
1
0
1
F.KELLER
1
0
1
FARRY
1
0
1
HAHN
1
0
1
HARKINS
1
0
1
HEFFLEY
1
0
1
J.EVANS
1
0
1
KILLION
1
0
1
M.O'BRIEN
1
0
1
MAHER
1
0
1
MARSICO
1
0
1
MICOZZIE
1
0
1
MILNE
1
0
1
PAYNE
1
0
1
PAYTON
1
0
1
PEIFER
1
0
1
PETRARCA
1
0
1
PETRI
1
0
1
QUINN
1
0
1
REED
1
0
1
ROCK
1
0
1
ROSS
1
0
1
S.H.SMITH
1
0
1
SABATINA
1
0
1
SANTONI
1
0
1
STABACK
1
0
1
VEREB
1
0
1
WATSON
1
0
1
WHITE
1
0
1
YOUNGBLOOD
1
0
1

* How a Bill Becomes a Law in Pennsylvania, describes the process a bill goes through to become a law in Pennsylvania. In short, every bill must be voted out of committee, and undergo three considerations in both the PA House and Senate before going to the Governor to be signed into law. If either house amends the bill so that the versions passed by the House and Senate differ, the differences must be resolved by a “conference committee” and reapproved by votes in both houses.

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