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January 27, 2012 | By PA Independent | Posted in General News

Week in Review: PA court throws out redistricting plan, details unclear

By PA Independent Staff
 
HARRISBURG — History was made this week in Pennsylvania, when the state Supreme Court tossed out the newly drawn state legislative district maps, but the court has yet to explain its reasons.

 
The court issued a brief statement Wednesday announcing its ruling, but the formal decision — explaining why they ruled the new maps unconstitutional and giving direction for how to fix the problem — is expected next week. Chief Justice Ron Castille, a Republican, sided with the three Democrats in a 4-3 decision.
 
The court heard oral arguments about the new district maps Monday, but the Republican-controlled court was not expected to overturn the Republican-drawn plan. Questions surround how its ruling will affect this year’s elections.
 
In an interview with Capitolwire, Justice Max Baer said the 2012 elections likely would be conducted using the old district lines to give the legislative reapportionment commission adequate time to redraw the House and Senate maps.
 
But that interview ignited a firestorm of criticism from Republicans, who said Baer violated the state’s judicial code by speaking to the media before the official decision was public. Democrats have defended the court for overturning what they saw as an unconstitutional plan that divided counties and municipalities unnecessarily to favor GOP candidates in several parts of the state.
 
Business tax changes proposed
 
Two state representatives, a Democrat and a Republican, are teaming up to produce a bill that would close the so-called Delaware loophole and potentially add up to $600 million annually in state income.
 
State House Policy Committee Chairman Dave Reed, R-Indiana, and state Rep. Eugene DePasquale, D-York, outlined their proposal at a news conference Wednesday in the statehouse. They would institute new rules that would require all businesses to pay the state’s corporate income tax, which many avoid paying by registering in Delaware, and would lower that tax from 9.99 percent to 6.99 percent.
 
"We're looking to even the playing field for all businesses, so that they will be able to compete on their own merits as opposed to competing against those who have high-paid tax attorneys and lawyers who can find loopholes," Reed said Monday.
 
Lawmakers said they anticipated the state would net millions in revenue, because about 75 percent of corporations in Pennsylvania are not paying the corporate tax because of the Delaware loophole.
 
"We want to make the state business competitive and get rid of the loophole," DePasquale said. "We want to improve the business friendliness of the state. In the long term, this will help attract more companies to Pennsylvania, because we will lower the corporate tax rate to 6.99 percent.”
 
Smaller state House bill moves ahead
 
A plan to cut 50 state House representatives, thereby adding about 20,000 constituents to each House district, advanced out of the House State Government Committee on Tuesday with a vote of 16-8.
 
The full chamber in the next few weeks will consider the proposed constitutional amendment to reduce the state House from 203 members to 153, but would leave the state Senate with its current 50 seats.
 
To be approved, a constitutional amendment must pass the General Assembly in two consecutive sessions, be signed by the governor and ratified by voters in a statewide referendum.
 
After this year’s redistricting process, each seat in the state House represents about 62,000 of Pennsylvania’s 12.6 million residents. With only 153 districts, each member would represent about 83,000 people.
 
Each of the 50 state Senate districts represents about 250,000 Pennsylvanians.
 
Education Secretary hammered by senators
 
Outraged by the state’s handling of Chester Upland School District’s financial crisis, lawmakers came out swinging Tuesday against the Corbett administration who they said wants to eliminate failing school districts and require students to attend area charter schools.
 
At the Senate Education Committee hearing, senators grilled state Department of Education Secretary Ron Tomalis during his two-hour appearance as the guest speaker.
 
If the administration doesn't come up with a concrete plan to fix the problems at Chester Upland and other distressed schools, such as the Duquesne City School District, then Gov. Tom Corbett "will be creating a pathway from the school door to the prison gate," said state Sen. Andrew Dinniman, D-Chester.
 
Tomalis said the administration has a plan, but he didn't provide specifics.
 
Senate endorsement a point of contention
 
Pennsylvania Republican voters should decide the best candidate to run against U.S. Sen. Bob Casey,a Democrat,in November without the influence of the state Republican Party, according to some candidates and tea party leader.
 
The state GOP is expected to meet Saturday in Hershey to decide endorsements for the U.S. Senate race and a handful of other statewide races, including auditor general and attorney general. But some candidates in the wide-open Republican U.S. Senate primary race said the process would be better if the state party did not make an endorsement and instead allowed for a truly open primary election on April 24.
 
Sam Rohrer, a former state representative from Berks County, said it was in the best interest of the party and the people of Pennsylvania to allow voters to make the selection, not party delegates.
 
“Let the citizens of the state make the determination of who actually goes forward into the General Election against Bob Casey,” Rohrer said. “We need not be afraid of having a vigorous debate in the primary.”
 
The endorsement could be important this year in particular, because the GOP primary race is wide open. Seven candidates have declared and none of them hold an elected office.
 
Gov. Tom Corbett on Friday announced he would support Steve Welch, a Chester County businessman who is considered one of the front-runners.
 
Welch on Monday said he was focused on securing the state endorsement and had met with party officials and delegates in 50 counties.
 
“I trust their judgment about who can have the biggest positive impact on the state and the party,” he said, while also acknowledging that Corbett’s support was a significant boost for his campaign.
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