Lawmakers Could Push Shale Tax or Fee in Fall

Recent polls show the majority of Pennsylvanians support a fee or tax on natural gas drillers in the Marcellus Shale formation. But, is that enough to push the Legislature to muscle a bill through his fall? A good-government advocate says he believes lawmakers may pass a Shale tax to satisfy their constituents just in time for the campaign season next year. Tim Potts is with the non-partisan Democracy Rising Pennsylvania. He says an extraction impact fee or severance tax is inevitable. Just look at Alaska, Potts says - it collects $11 billion a year in leasing fees and extraction taxes. "Well that’s more than a third of the Pennsylvania state budget in a state that has less than the population of Philadelphia. More and more people are learning that we’re being played for chumps by not getting some money for the resources that we’re sending out of state," Potts says. He says the state’s tax revenue surplus, at more than $785 million, could have been a lot higher if there had been a natural gas driller fee in place. The large Republican majority means GOP lawmakers will have full ownership of bills that pass and fail, so he says they’ll have to answer to voters if there’s no fee or tax in the works come next year’s elections.

$27.15 B Budget Sent to Corbett

The Pennsylvania state House approved the 2011-2012 budget with a little more than 24 hours to spare. Republicans are praising the spending plan for holding the line on taxes but democrats say the GOP decision to not tax shale gas extraction or use more of the budget surplus made the budget more painful than it needed to be.

“We’ve been saying, we don’t want to take money from other line items, there’s enough pain in the budget you’ve introduced. We want to spend the surplus and we want to use new revenue – Marcellus shale—and other revenues that we’ve introduced bills on to plug these holes,” said Luzerne County Democrat Phyllis Mundy during floor debate.

Democrats had urged the Republicans to spend the $650 million dollar surplus built up over the current fiscal year as income topped projections. Republican House Appropriations Committee Chairman Bill Adolph said using surplus money would not cover what the commonwealth owes in liabilities. “Fifty-point-two billion dollars in liabilities and we’re here we’re talking about anywhere between two, three, four hundred million dollars in unanticipated revenue. So you can’t compare millions dollars in cash with billions of dollars in liabilities,” said Adolph.

The Republican leadership ultimately brought forward an additional $200 million. The bill passed on a nearly party-line vote, 109-92.

Democratic House Appropriations Committee Chairman Joe Markosek said the budget is full of gimmicks, “I think it's the Houdini budget, you know, as I just stand here we can think of I'm sure a lot of other terms.” Among the “gimmicks” is a requirement that the PA Department of Welfare find $400 million in savings in its budget and the listing of $100 million dollars to be spent in the next 12 months in the 2012-2013 budget.

Funding for education at all levels will be lower than the current year. The State System of Higher Education will see an 18% cut and state-related universities will see a 19% drop. Community college funding will fall 10%. Child welfare and the Department of Health will also see cuts. Spending will increase for state police and state courts.

The Governor is expected to sign the bill tomorrow – it will be the first on-time budget in nine years and the first time in more than four decades that the budget has been smaller than the year before.

PA Senate OK’s $27.15B Budget

With just two days to go before the budget deadline, the Pennsylvania Senate has passed a $27.15 billion spending plan. The measure now goes back to the House.

Senate Appropriations Committee Chairman Jake Corman said cuts contained in the bill are true to Governor Corbett’s campaign promises. “He went to all 67 counties over the last couple years campaigning and said, ‘I am not going to raise taxes. I know there's a big deficit, I know there's a structural deficit, I know we're going to have to cut state spending, but I'm not going to raise taxes, I'm going to cut spending to balance the state budget.’” Corman believes it was on the strength of that promise that Corbett was elected.

Democrats are vowing to not go down without a fight. “This budget will pass, and this agenda will move forward, but after tonight, the people of Pennsylvania will have an opportunity to be heard again. And I believe, like many of us, that their voices will be much, much louder than anybody on my side of the aisle,” said Senator Larry Farnese (D- Philadelphia).

Democrats say the budget cuts could be eased if Republicans would dip into the more than $600 million in tax revenue surplus built up over the current fiscal year.

“I will tell you right now that every poll that exists in this commonwealth of Pennsylvania is that that these are the policies that they don’t want. That this budget is a document that they do not want, that they will not support. But unfortunately it will be forced down their throats,” said Senate Appropriations Democratic Chair Vincent Hughes (D-Philadelphia). Republicans hold a 112-91 seat advantage in the Lower chamber.

Voter ID Bill Heads to State Senate

House Republicans passed a bill to require photo identification at the polls last night.

A late-night, party-line vote has pushed the legislation to the Senate for consideration.

State Representative Dom Costa says it would cost PennDOT about $10 million to distribute free photo IDs to people who would need them to vote under the measure.

But Costa says fraud isn’t a problem in Pennsylvania elections, and the requirement would present a “tremendous obstacle” to many would-be voters.

The Allegheny County Democrat says he thinks the bill will have a harder time passing the Senate, where he says the Republicans are more moderate.

“I’m hopeful that those moderate Republicans will look at it and say, ‘This is not good for our Commonwealth, and we don’t want to be any part of this,’” says Costa, “and I’m hoping they’re asking the same questions I’m asking. Future cost. Show me the beef. Show me where you’re telling me there’s voter fraud, and especially to the extent where we need to take these extreme measures.”

The bill would have PennDOT give out free photo IDs to people who bring their Social Security card, a non-photo ID, and two “proofs of residency” like bills or tax forms.

PA Sen Dems: It's Investing Not Spending

As the budget talks heat up, Democrats in the Pennsylvania Senate are urging a restoration of funding for what they call essential health care programs.
Senators Jay Costa of Allegheny County, John Blake of Lackawanna County, Larry Farnese and Vince Hughes, both from Philadelphia, joined medical professionals from across Pennsylvania calling for using part of the the expected budget surplus to restore funding to Pennsylvania's medical schools, four regional cancer centers and the Life Science Greenhouse (LSG) program. The surplus was $540 million at the end of May and is expected to hit $600 million by the end of the fiscal year, June 30. The Democrats are suggesting using about 50% of the surplus to restore this funding.
Senate Democratic Leader Jay Costa says the state can't make reductions now that will cost it in the long run...
"From an economic standpoint, we have to realize that modest investments in our state-related academic medical centers are multiplied several times over when you take into account the private and federal dollars which flow into Pennsylvania as a result of the success of these institutions."
State funding for the Commonwealth Medical College in Scranton was completely eliminated in both Governor Corbett’s and the House Republicans’ budget proposals.

However, Monday the state Senate, by a party line vote approved a resolution that prevents the Democrats' ability to suggest amendments to the budget that would authorize the use of excess revenue from this fiscal year to restore the cuts proposed by the Governor and by House Republicans to education, health care and human services for the next fiscal year ..... “Before a budget is returned to the House, we need bi-partisan support to make common-sense restorations to these programs and services that provide long-term benefits and long-term savings for all Pennsylvanians,” said Senator Blake.

Synthetic Marijuana, "Bath Salts" to be Outlawed

A statewide ban of synthetic drugs called “bath salts” is one step from becoming law in Pennsylvania.

The House unanimously approved a Senate bill making the hallucinogenic chemicals illegal Monday afternoon, on a 201-0 vote.

During debate, Republican Ron Marsico explained the penalties the measure would impose. “Their first offense for possession with intent to deliver, or delivery, will result in five years in prison and a $15,000 fine,” he explained. “Simple possession of these substances will be a misdemeanor, and give them a maximum fine of $5,000 and one year in prison.” Penalties would double on a second offense. “As you can see, those who have no regard for those well-being of others, of our citizens, and those who are making huge profits off our citizens, will finally be held accountable, with enactment of this legislation,” said Marisco.

Several counties and municipalities have already enacted local bans. The measure would also criminalize synthetic marijuana, which is sold in some stores as incense.

Because the House changed its language, the measure now goes back to the Senate. But a Senate Republican spokesman says the chamber will likely concur, meaning the bill will head to Governor Corbett’s desk soon.

PA Surplus and Debate Grows

Pennsylvania’s tax surplus grew by another $34 million dollars in May, and now sits at nearly $540 million. Strong sales and corporate tax revenue came in well over projections, augmenting a deficit in personal income tax returns.

Democratic lawmakers say the increase gives added momentum to their argument for a larger budget.

Governor Corbett and House Republican leaders want to hold the extra cash in reserve, while most Democrats, including the party’s Appropriations Chair, Joe Markosek, have argued for months that it should lessen proposed cuts. He’d use the money for “Education, certainly,” but also, “Long-term care for our frail and chronically ill senior citizens. And certainly additional restoration of the funding cuts for the handicapped population in Pennsylvania.”

Not every Democrat agrees, though. Auditor General Jack Wagner said the Republican plan to put the money in the depleted Rainy Day Fund is the right call, pointing to billions of dollars in debt and overdue bills. “Our commitment – our additional commitment to SERS and PSERS going forward is simply in the next couple years – is in the billions of dollars. The Pennsylvania Employee benefit trust fund is owed two to three billion dollars,” he said, warning other “fiscal unknowns” may rise in the coming year, as well.

Marksosek is confident the surplus will grow even larger, once June revenue comes in. “We still have one month to go, and my econometric staff folks tell me that all expectations, based on past history, etc, is the June is shaping up to be at least a fairly strong month. So I don’t think the $540 million figure will shrink,” he said.

The House passed its budget next week, and the next round of action will come in the Senate. Markosek says he’s been in touch with Senate leaders, but no formal budget negotiations have been scheduled.

Military Caucus Aims to Preserve PA Bases

A new bipartisan caucus in the state’s General Assembly hopes to ensure Pennsylvania’s military bases survive the scrutiny of the U.S. Department of Defense.

The Military Installations and Base Development Caucus wants to preserve all of Pennsylvania’s installations when the Department of Defense starts its next Base Realignment and Closure Commission, possibly in 2015.

Co-chairman and Senator John Blake says considering both military employment and defense-related business, the state’s bases generate billions of dollars and more than 160,000 jobs.

The Lackawanna County Democrat says the new caucus will be serve as a liaison between the bases, the state legislature, and Congress. Blake says this is especially important in light of the possibility of a Closure Commission in four years. He says to keep its bases, the Commonwealth must be competitive with other states.

“I don’t know if they’ve set it up as a caucus of the general assemblies, but I can tell you that there’s evidence of much stronger dialogue between state legislators and Congressional delegations in other states like Alabama, I believe Louisiana,” says Blake. “There might be other states with heavy defense spending where I think that there’s a more seamless, more routine communication between the federal delegation and the state assembly.”

The Department of Defense lists eight military installations in Pennsylvania on its website, including two in Pittsburgh. Blake says the military caucus will hold its first meetings this fall.

Another Lawmaker Tries to Shrink PA Legislature

A long line of Pennsylvania lawmakers have tried and failed to reduce the size of the state legislature but Senator Judy Schwank says she likes her chances.

“The legislature has to be unleashed from the old way of thinking, which costs taxpayers millions of dollars more each year than is either appropriate or necessary,” said Schwank.

Schwank says things are different than when the lawmaker to citizen ratios where created, “We have modern technology, people can contact their legislators via the web, or phone, there are so many ways that we can reach out to our constituents.”

Senator Schwank’s bill would cut 82 members from the House of Representatives, shrinking it to 121 members from the current 203. The Senate would lose 10 members, going to a 40-member body.

The legislation has 13 co-sponsors including signatures from both sides of the aisle. “I think that this gives great possibility to the fact that this may actually go somewhere… and reflect what constituents have been saying to all of us.”

The bill has been referred to the Senate State Government Committee for consideration. It would have to be passed by both chambers in two consecutive legislative sessions, signed by the Governor and approved by the voters. Similar legislation in the past has failed to move out of committee or has not been considered by both chambers.

House GOP Budget Approved Along Party Lines

The Pennsylvania House has passed a $27.3 billion budget, setting the stage for negotiations to begin on a final agreement for next year’s spending plan.

The 109-92 voter came after a full day of debate. Democrat after Democrat blasted the bill’s spending cuts. Joe Markosek, the minority chair of the House Appropriations Committee, said the billion dollars in spending reductions will have real-world consequences. “To think of your five-year-old neighbor unable to start kindergarten,” he argued, early in the debate. “To think of the battered mother, turned away from a domestic violence shelter. To think of a seriously ill child unable to access hospital care, due to cutbacks in service.”

Many Democrats criticized the $470 million the House budget eliminates in welfare spending, compared to Governor Corbett’s proposal. Republican Appropriations Chair Bill Adolph pointed out the Department of Public Welfare spent 6.5 billion dollars a year, when Governor Rendell took office in 2003. “The fiscal year ending 2010-2011, that budget swelled to $10.6 billion. This is an increase of 64 percent in those eight years. 64 percent.” The House GOP plan gives $10.7 billion to DPW, a one percent increase over last year’s spending. Republican leaders used Governor Rendell’s acknowledged four percent DPW spending error rate as the template for their $470 million relative reduction.

The measure now heads to the Senate, where it will likely languish until legislative leaders and Governor Corbett reach a final budget agreement. Negotiations will likely begin in the coming weeks. Republican leaders in both chambers are committed to passing the budget by June 30th, for the first time since 2002.

State Agencies May Have to Submit Fiscal Plans

Stan Saylor (R-York) has proposed House Bill 726, which he says would make state agencies accountable to taxpayers and voters. If passed, the legislation would require state agency programs to submit a plan for their activities for no less than four years ahead of the fiscal year in which it is submitted. Saylor says that this could help repair the Commonwealth's budget deficit.

"This is intended to make us look back at how we're spending money, what programs are doing, and where are the failures of the program. If the program is not working, you may eliminate it. If the program is working to a certain extent where it's having some success but not as much as you would like as your goal, then, well, you have to analyze why it's failing."

Saylor adds that an agency can change their four year plan if they feel like they need more money or if they need to change their overarching goal. He says with bipartisan support, he hopes to get the bill into the Senate by June.

Six State Lawmakers Trying to Bolt Harrisburg

Four Democrats and two Republicans won primary elections last week. The majority come from the southeast: in Philadelphia, Democrat Kenyatta Johnson and Republican Denny O’Brien are running for City Council, and Democrat Jewell Williams is campaigning for sheriff. In the suburbs, Democrat Josh Shapiro is vying to become Montgomery County commissioner. In Lehigh County, Republican Doug Reichley is running for a judicial seat. And in Allegheny County, Democrat Chelsa Wagner is hoping to become her family’s second fiscal watchdog, by running for county controller.

Does Harrisburg gridlock play a role in the lawmakers’ decisions to seek new employment? Reichley downplayed the suggestion. “I think these things come and go in cycles. I think there were just two members in the ‘09 elections that ran,” he said. “So I think it was more just a coincidence this year with the number of members who are looking at other elective offices.” The Republican former prosecutor did concede, however, that his family life influenced the judicial run. “You know, I have two kids who are 13 and 11. And the amount of time away from home that is required by the job, both to be in Harrisburg and to be doing events in the district, really does take a toll on your family life,” he said.

Shapiro said he “loves” his job as a state representative, but, “5he opportunity to run for Montgomery County Commissioner, in a county of 800,000 people, with a budget of nearly a half billion dollars, and extraordinary responsibility over infrastructure, social services and education, was just too much to pass up.”

Four of the lawmakers running for local office are Democrats, who went from House majority to minority this year. Shapiro said that wasn’t a factor in his decision to run for commissioner. “Look, everybody has their reasons for wanting to make the move. For me, it was about helping people in a more direct way,” he said. “About having the opportunity to affect more lives than I do now in a more positive way. And to being in more of an executive role.”

Any seats vacated by November wins would be filled by special elections early next year. Those contests, coming about a year into Governor Corbett’s tenure, will likely be viewed as litmus tests for whether the Republican’s agenda still has the support of Pennsylvania voters.

Possible Do Not Text Registry

People frustrated by text messaging ads might soon have an answer to their problem. Pennsylvania State Representative Seth Grove (R-Dover) introduced legislation amending the Telemarketer Registration Act to include text messages.

Rep. Grove says the idea for the amendment came from his constituents. "I had a couple senior citizens come into the office. And they started getting text messaging advertisements and they didn't have a text messaging plan so it cost them money to receive em. And then, it usually says 'reply back STOP to stop the text messaging' and to stop it it cost them even more money."

Grove says he believes that his colleagues will support the amendment, since he has not heard any negative reaction. He says that anyone already on the Do Not Call list will receive the benefits of his legislation once it passes. It was moved out of committee with a unanimous vote May 4th and is awaiting action in the full house.

The legislation would make it illegal for companies to advertise to a telephone subscriber unless the person opts-in to the texts; the company is texting about debts, contracts or payments; the company has an established relationship with the customer over 12 months; the company is a tax-exempt non-profit; and is calling on behalf of a candidate or political party.

Pay Court Fees or Don't Drive

A Pennsylvania State Senator wants people to pay their court fees before their vehicle registration would be renewed. Mike Stack (D-Philadelphia) has authored legislation (SB 836) that would require individuals who owe the Court of Common Pleas fees and fines to pay up before the Department of Motor Vehicles okays the registration. Stack says this policy would help close the gap in the Commonwealth's $4 billion deficit.

"By simply collecting these $1.6 billion in unpaid fees, fines, restitution payments, we could cut the deficit nearly in half. We could potentially completely restore basic education funding all without raising taxes."

Stack explains how the policy would work if implemented.

"Once a person pays their fines, surcharges, fees or penalties, the court would send a written or electronic notification to PennDot that the individual has paid. Then, PennDot would renew the person's vehicle registration."

Philadelphia Municipal Court is owed $205.7 million and Allegheny County Court of Common Pleas is due more than $97 million.
The legislation is currently in the Senate Transportation Committee. A similar bill has been introduced in the House.

Legislation Would Re-classify Abortion Clinics

A bill changing the way Pennsylvania’s 22 abortion clinics are regulated will likely see a House vote this week.

The legislation is a response to the murder charges filed against Philadelphia abortion provider Kermit Gosnell, who allegedly killed women and viable infants during procedures carried out in squalid conditions. It had been years since the last inspection from state officials, at the time of the 2010 raid on Gosnell’s facility.

Republican Matt Baker’s bill would re-classify abortion clinics as ambulatory surgical facilities. “Those that are performing surgical procedures,” Baker explained. “There are 112 ambulatory surgical centers currently licensed in Pennsylvania under the health care facilities act. And regrettably, the abortion clinics are not.” He argued abortion providers are providing complicated procedures with, “some… various levels of anesthesia involved. Some could lead to substantial complications, depending on the abortion. And it could jeopardize the health and welfare of women.”

The change would mean tougher guidelines and more inspections for clinic, though new policies Governor Corbett put in place after Gosnell’s arrest already require annual inspections of clinics, and closer scrutiny than state regulators previously provided.

Opponents of the measure, including Pennsylvania’s American Civil Liberties Union, say it would lead to “unreasonable” new regulations, and hundreds of thousands of dollars in changes for clinics. “Abortion clinics already follow a long list of statutes and regulations that monitor their activity, and put certain requirements on those clinics. So this bill, House Bill 574, alters the legal playing field for abortion clinics,” Hoover argued. “The Gosnell house of horrors was a failure of government, not a failure of the law. The state government made a choice under various administrations to not do the inspections rigorously, and as a result, a Gosnell was able to exist.”

Baker argued he’s simply following the guidelines of the Philadelphia grand jury that investigated Gosnell, though last week, Philadelphia District Attorney Seth Williams said the bill “goes beyond the scope” of the jurors’ report. In a letter to lawmakers, he wrote, “The intent of the grand jury's recommendation was to assume that women who seek the services of an abortion provider are afforded the same protections as those who go to other medical providers.”

ACLU of Pennsylvania Opposes Voter ID Bill

A house bill that would require voters to show government issued photo identification when they go to vote waits for consideration by the state House of Representatives after committee debate on Monday morning.

House Bill 934 is sponsored by Rep. Daryl Metcalfe, R-Cranberry and chair of the State Government Committee.

Pennsylvania voters are only required to show an ID during their first time at a polling site.

Other changes in the amendment from Metcalfe would make the measure effective in January 2012.

According to The Post Gazette, more than a dozen amendments from Democratic lawmakers to expand the types of ID's acceptable were all rejected on Monday.

Andy Hoover, Legislative Director of the ACLU, said he and others oppose the bill because there has been no proof of voter fraud in Pennsylvania and it would cost $11.5 Million in taxpayer money.

"Intended or not this bill would lead to the disenfranchisement of some voters. There is research that indicates that eleven percent of US citizens do not have government issued IDs and we look at who they are and they are disproportionately racial minorities, people over the age of 65 and people who earn less than $35,000 per year," said Hoover.

Online Public Notice Bill Draws Disapproval from Papers

The Pennsylvania Newspaper Association is criticizing a bill that would let local governments post legal notices on their websites, rather than in newspapers.

Representative Tom Creighton’s bill would allow a municipality to publish notices on its own website, or on a contractor’s site. The local government could also continue to work with papers when announcing events like building sales, tax increases, or school closings.

Newspaper Association Director of Government Affairs Deborah Musselman says letting boroughs publish on their own would eliminate an independent watchdog of government action and reduce transparency.

“What we’re talking about is the local government organization, you know, the borough saying, ‘Trust us. We’ll let you know everything that’s important to know,’” says Musselman. “It’s the fox building and guarding the henhouse.”

Musselman says newspapers already post the notices to their own websites, and to an aggregate site. She says those websites are also better built to handle traffic than local government websites.

According to the Newspaper Association, municipalities usually spend about half of one percent of their budgets on publishing legal notices.

The bill is awaiting a vote in the House Local Government Committee.

Meals, Trips, Gifts on Disclosure Forms

Financial disclosure forms filed by state officials this week show how Pennsylvania is behind the pack, when it comes to restrictions on gifts and perks lawmakers receive.

There’s no limit on the amount of gifts and travel perks Pennsylvania officials can receive. They just need to report presents worth more than $250, and disclose cumulative travel, lodging and meals costs once they exceed $650. That means it was perfectly fine for House Speaker Sam Smith to accept more $1,000 in meals from Harrisburg lobbying firm Greenlee Partners, to name one of many disclosures from legislative leaders.

Peggy Kerns, the director of the National Conference of State Legislators’ Center for Ethics in Government, said more states are toughening their ethics laws, with ten now banning gifts altogether. “It’s really to put this strong line of demarcation between the making of public policy, and the influencing of public policy,” she said. “And it’s really geared toward the public perception. … These states that pass these strict laws are really trying to say to the public, we’re not influenced by them. And we want to make sure that you know we’re not influenced by sitting in the skybox of some professional football game, or going on a trip or outing, or repeatedly having nice dinners bought by lobbyists.”

Kerns, who spent eight years in the Colorado House of Representatives, added, “I don’t know any legislator who could be bought for a steak dinner, or anything like that. However, that’s almost beside the point, because the public looks upon, sometimes, the perks that lawmakers get as meant to influence them.”

Senate Majority Leader Dominic Pileggi took a 2,147 dollar trip to Ireland with the State Legislative Leaders Foundation. Governor Corbett received a 530 dollar trophy from the Pittsburgh Penguins, to mark the opening of their new arena. He also accepted a $275 “welcome basket” from the Republican Governors Association, including a tie and cuff links. Governor Rendell may not have worked for NBC News yet in 2010, but he racked up more than $2,000 in hotel room bills while appearing on Meet the Press and Morning Joe.

Workers Rally for Budget Reconsideration at State Capitol

In response to Governor Tom Corbett’s budget proposal, thousands of members of labor and social organizations, and faith-based groups in Pennsylvania converged on the state capitol to rally for reconsideration.

Mackenzie Smith, leader of Unite Here 57, left Pittsburgh with 12 buses carrying nearly 1,000 people to Harrisburg. She says her group believes a rally in the Capitol is the best way to make a stand.

“I think getting out in the streets in addition to voting is the essence of democracy in showing our legislators that we care and that we’re watching the decisions they’re making. It’s the essence of America to get out in the streets and protest and make our voices heard.”

The group also protested at the Chamber of Commerce of Pittsburgh. “We want to send a message to our legislators and to Gov. Corbett that we expect a budget that is fair, where corporations are paying their fair share. We want to eliminate our corporate loopholes which is the real reason we’re having a budget shortfall in the state.”

Legislation Deals With Cell Phones & Driving

The Pennsylvania House is once again taking a look at a distracted driving bill. But the measure in front of the Transportation Committee doesn’t go as far as the cell phone ban passed by the chamber last year.

Last session, nearly 200 House members voted for a measure making talking or texting while driving a primary offense. That means police could pull a driver over for using a hand-held cell phone, and nothing else.

However, this measure limits the penalty for distracted driving to a secondary offense. That isn’t enough for Democrat Eugene DePasquale of York County, who’s been pushing the issue for years. “If a secondary law happens, it’s not as if that’s bad. It’s just not as good as I think it could be,” he said. “And the reason why is, a primary law will enable someone – a police officer – to pull someone over for doing it, which could prevent the tragedy. As opposed to fining someone after the tragedy.”

Republican Chris Ross, who authored the new legislation, argued the primary vs. secondary debate is meaningless, and that lawmakers need to just make cell phone use while driving illegal, to start changing drivers’ habits. “It’s not good enough just to make it legislated,” he testified. “We have to actually get a change in behavior. And people’s behavior doesn’t change merely because we pass a law up here. It changes because you first say, this is wrong. We’re making it illegal. And then you follow that up with an aggressive campaign.”

The new measure goes beyond cell phones, increasing already-existing distracted driving fines by $50 if a driver is using “any electronic, electrical, mechanical, personal grooming device, food, drink, book or printed material.”