Update – May 15, 2011: Fixed incorrect status and link to SB9 instead of SR9. Sorry for the confusion.
The list below contains the Tenth Amendment related legislation which we are currently tracking in the Pennsylvania legislature. This week’s updates include:
- SB3 reported favorably out of committee and are up for “second consideration”.*
- SB354 – received a COMMUNICATIONS AND TECHNOLOGY committee hearing on May 11 (audio & video here).
- SB1003 was added to the list of items we’re tracking.
If you become aware of any additional Tenth Amendment legislative activity, please let us know.
Asserting Pennsylvania’s State Prerogatives under the Tenth Amendment
- HR49 – State Sovereignty Resolution – Representative SWANGER – Referred to STATE GOVERNMENT, Feb 1, 2011.
- SR9 – State Sovereignty Resolution – Senator SCARNATI -Referred to STATE GOVERNMENT, Jan. 12, 2011.
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 – Re-committed to APPROPRIATIONS, Feb 8, 2011.
- SB3 – An Act amending Title 40 (Insurance) of the Pennsylvania Consolidated Statutes, providing for compliance with Federal health care legislation. – Senator D. WHITE – Second consideration, May 11, 2011.
- SB10 – A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, providing for health care services. – Senator SCARNATI – Referred to BANKING AND INSURANCE, Jan 21, 2011.
- 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.
- 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
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.
- 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.
Protecting Pennsylvanians’ privacy from Unconstitutional National ID requirements
- SB354 – An Act relating to compliance with the Federal REAL ID Act of 2005. – Senator FOLMER – Referred to COMMUNICATIONS AND TECHNOLOGY, Feb. 1, 2011. (As noted earlier, this legislation received a May 11 hearing. Audio and video of that hearing can be found here.)
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.
* How a Bill Becomes a Law in Pennsylvania, describes “consideration by the senate” on page 2,
The Constitution of Pennsylvania requires that a bill be considered on three separate days in both the Senate and the House. A bill receives its “first consideration” on the day it is introduced and referred to committee. During first consideration, no debate or amendments to the bill are permitted from the floor of the Senate.
When a committee has favorably reported a bill to the full Senate, it next comes up for “second consideration” by the entire Senate. This is the first opportunity for Senators who are not members of the committee to which the bill was assigned to offer an amendment to the bill.
On “third consideration,” Senators can amend a bill only by unanimous consent of the Senate. However, debate takes place and the various Senators can express their support or opposition to the bill. At the conclusion of debate, each Senator votes on the bill as the roll is called. In the Senate, a simple majority — or 26 — of Senators must vote yes on the bill for it to pass. (Certain funding bills require a two-thirds majority vote to pass the Senate and House.)