2015 -16 LEGISLATIVE SCORECARD - ACLU-PA -16 LEGISLATIVE SCORECARD. A message from Andy Hoover,...

2015 -16 LEGISLATIVE SCORECARD

A message from Andy Hoover, Legislative DirectorSince our founding as an organization, the American Civil Liberties Union of Pennsylvania has recognized the importance and value of advocating for people’s constitutional rights at the state capitol in Harrisburg. Decades ago, we counted on volunteers near our capital city to carry that flag, and in the 1980s, we professionalized the job by creating the position of legislative director. It has been a privilege for me to advocate for our fundamental rights at the General Assembly for the last eight years.

We started tracking how legislators voted on civil liberties after the 2011-12 session, as an internal tool, and now we have decided to publicly release this scorecard for the 2015-16 session. We believe that it is important that our members know how their state legislators have voted on critical issues that come before them, and we have picked a series of bills that illustrate the depth of our work, including criminal justice, immigration, privacy, and reproductive rights.

As you read this scorecard, keep in mind its limitations. This information is merely a snapshot of House and Senate floor activity. Obviously, by definition, it matters how legislators vote when these issues come before them. However, the scorecard does not capture the many other ways in which legislators aid the cause of civil liberties, including advocating to their leaders to stop or move bills we care about, filing amendments and other procedural maneuvers to make a point in our favor, strategizing with us on priority issues, and sharing information about what is happening behind the scenes at the capitol. We also do not score committee votes, for better or for worse, because not all members of a legislative chamber participate in that vote.

We hope that you find this information useful. And we encourage you to use it as a starting point to build relationships with your state senator and your state representative to further the cause of civil liberties.

For more information about the many civil liberties issue that came before the General Assembly in the 2015-16 session, please visit our legislative webpage at www.aclupa.org/our-work/legislation/.

The 2015-16 session of the Pennsylvania General Assembly presented numerous challenges for the ACLU of PA and the cause of civil liberties. Highlights included the passage of legislation to require training for police officers on mental illness, intellectual disability, and autism, Governor Wolf’s veto of a bill to charge public officials with a crime for identifying police officers who seriously injure or kill someone, and stopping bills to implement new bans on abortion, to punish municipalities that limit their interactions with federal immigration authorities, and to reinstate mandatory minimum sentences that have been overturned by court order.

Meanwhile, a great deal of attention was given to legislation to include sexual orientation and gender identity or expression in the commonwealth’s non-discrimination law and to reform the practice of civil asset forfeiture, though neither of those bills ultimately passed.

Finally, during this session, Governor Wolf implemented a moratorium on executions, and he signed an executive order to ban discrimination by state contractors, including based on sexual orientation and gender identity or expression.

Here are brief descriptions of the bills we scored, our position, and the end results.

House Bill 1538This bill prohibits public officials from identifying police officers who seriously injure or kill someone within 30 days of the incident. A violation of the ban would be a second-degree misdemeanorACLU-PA position: OpposedResult: Passed by the General Assembly; Vetoed by the Governor

House Bill 1601 (Marsico amendment) This amendment reinstates most mandatory minimum sentences to the Controlled Substances Act, including the discriminatory school zone mandatory and numerous mandatory sentences for marijuana.ACLU-PA position: OpposedResult: Passed by the House

House Bill 1601With the Marsico amendment, HB 1601 reinstates most mandatory minimum sentences to the Controlled Substances Act.ACLU-PA position: OpposedResult: Passed by the House; Not considered by the Senate Judiciary Committee

House Bill 221HB 221, now Act 25 of 2015, requires training on mental illness, intellectual disability, and autism for municipal police officers and the minor judiciary.ACLU-PA position: SupportResult: Passed by the General Assembly; Signed by the Governor

House Resolution 143This non-binding resolution protests the governor’s moratorium on executions.ACLU-PA position: OpposedResult: Passed by the House

Senate Bill 683This legislation requires DNA collection without a judicial warrant from people arrested for felonies and certain misdemeanors.ACLU-PA position: OpposedResult: Passed by the Senate; Amended to remove the language requiring DNA collection of arrestees and then passed by the House Judiciary Committee; Passed by the House Appropriations Committee; Not considered by the House

THE BILLS WE SCORED

Senate Bill 166SB 166 allows criminal records of second- and third-degree misde-meanors to be sealed from public access after a period of years without another conviction.ACLU-PA position: SupportResult: Passed by the General Assembly; Signed by the Governor

Senate Resolution 248This non-binding resolution urges Governor Wolf and President Obama to prohibit integration of Syrian refugees.ACLU-PA position: OpposedResult: Passed by the Senate

House Bill 1948This bill would prohibit abortions after 20 weeks of pregnancy- current law prohibits abortion after 24 weeks- and would ban a common method of abortion.ACLU-PA position: OpposedResult: Passed by the House; Passed by the Senate Judiciary Com-mittee; Not considered by the Senate

Senate Bill 869 (Motion to Revert to Prior Printer’s Number)This Senate floor motion on SB 869 would have returned the bill to the language that implemented genuine reforms of civil asset forfei-ture, including a requirement that a person is convicted of a crime before his property can be forfeited and sending the funds generat-ed by forfeiture to the supervising jurisdiction’s general fund.ACLU-PA position: SupportResult: Failed in the Senate

Senate Bill 869In its original form, SB 869 would have implemented significant reforms to the practice of civil asset forfeiture. However, an amendment passed in the Senate Judiciary Committee gutted all of the key reforms from the bill. Thus, the ACLU of PA took the rare step of opposing a bill that we had previously supported.ACLU-PA position: OpposedResult: Passed the Senate; Not considered by the House Judiciary Committee

House Bill 1885This bill withholds state funding from municipalities that limit their interaction with federal immigration authorities. It also creates civil liability for those municipalities when an undocumented immigrant injures person or property.ACLU-PA position: OpposedResult: Passed the House; Amended and passed the Senate; Not considered in the House

Senate Bill 976 In its amended form that was voted upon by the Senate, SB 976 amended the Wiretap Act to govern the use of police cameras and public access to the video they create. The amended bill severely limited the public’s ability to obtain such video while also diminishing privacy by allowing police officers to record inside a residence at anytime.ACLU-PA position: OpposedResult: Passed in the Senate; Not considered in the House

HB 1538HB 1601 (Marsico Amendment) HB 1601 HB 221 HR 143 SB 166 HB 1948 HB 1885

ACLU Percent

ACLU‐PA Position OPPOSE OPPOSE OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSEBenninghoff, Kerry 25%Causer, Martin 25%Conklin, Scott 88%Gabler, Matt 25%Hanna, Mike A 71%Harris, Adam 25%Irvin, Rich 25%

Sankey, Tommy 25%

KEY

HB 1538: Prohibits public officials from naming a police officer who injures or kills someone for 30 days after the incident.

HB 1601 (Marsico Amendment): Reinstates most mandatory minimum sentences for drug offenses

HB 1601: Reinstates mandatory minimum sentences for drug offenses and violent offenses

HB 221: Requires training on mental health, intellectual disability, and autism for municipal police officers and the minor judiciary

HR 143: Non‐binding resolution that protests moratorium on executions implemented by Governor Wolf

SB 166: Allows the sealing of second‐ and third‐degree misdemeanors from a person's record after a period of years without another conviction

HB 1948: Prohibits abortion after 20 weeks and prohibits dilation and evacuation method of abortion

HB 1885: Fiscal penalties for local governments that do not acquiesce to demands of federal immigration authorities

CentralHouse of Representatives

HB 1538 HB 221 SB 683 SB 166 SR 248SB 869 (Motion to Revert to

Prior Printer's NumberSB 869 (Senate: Final Passage) HB 1885 SB 976

ACLU Percent

ACLU‐PA Position OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSE OPPOSECorman, Jake 22%

Eichelberger, John 22%Scarnati, Joseph 33%Wozniak, John 44%

KEY



SB 683: Requires collection of DNA samples from people arrested but not convicted of certain crimes


SR 248: Non‐binding resolution that urges President Obama and Dept of Homeland Security to prohibit integration of Syrian refugees

SB 869 (Senate: Motion to Revert to Prior Printer’s Number): Motion to restore bill to reform civil asset forfeiture to its original language


CentralSenate

SB 869 (Senate: Final passage): Civil asset forfeiture reform bill that maintained forfeiture without a criminal conviction and maintained seizing agencies direct fiscal benefit from the practice

SB 976: Amends Wiretap Act to allow police to audio record inside a person’s home at anytime and without consent and to create limited process for public access to video produced by police cameras


ACLU Percent

ACLU‐PA Position OPPOSE OPPOSE OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSECulver, Lynda Schlegel 25%

Everett, Garth A 14%Keller, Fred 25%Masser, Kurt 38%Millard, David 25%

KEY






SB 166: Allows the sealing of second‐ and third‐degree misdemeanors from a person's record after a period of years without another convictionHB 1948: Prohibits abortion after 20 weeks and prohibits dilation and evacuation method of abortion


Central SusquehannaHouse of Representatives



ACLU Percent

ACLU‐PA Position OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSE OPPOSEGordner, John 22%Yaw, Gene 22%

KEY








Central SusquehannaSenate




ACLU Percent

ACLU‐PA Position OPPOSE OPPOSE OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSEBarbin, Bryan 25%Burns, Frank 25%Mahoney, Tim 25%McGinnis, John A 29%

Metzgar, Carl Walker 25%Reese, Mike 25%Topper, Jesse 25%Ward, Judy 25%

KEY








KeystoneHouse of Representatives



ACLU Percent

ACLU‐PA Position OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSE OPPOSEEichelberger, John 22%Stefano, Patrick 22%Wozniak, John 44%

KEY








KeystoneSenate




ACLU Percent

ACLU‐PA Position OPPOSE OPPOSE OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSECaltagirone, Thomas 50%

Cox, Jim 25%Day, Gary 25%Emrick, Joe 25%

Freeman, Robert 75%Gillen, Mark 25%

Goodman, Neal 50%Hahn, Marcia 25%Harhart, Julie 25%Jozwiak, Barry 25%Knowles, Jerry 25%

Mackenzie, Ryan 25%Maloney, David 25%McNeill, Daniel A A A A 100%Rozzi, Mark 63%

Samuelson, Steve 75%Schlossberg, Michael 100%

Schweyer, Peter A 57%Simmons, Justin A 29%Tobash, Mike 38%

KEY







HB 1948: Prohibits abortion after 20 weeks and prohibits dilation and evacuation method of abortion


Lehigh ValleyHouse of Representatives



ACLU Percent

ACLU‐PA Position OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSE OPPOSEArgall, David 22%Boscola, Lisa 33%

Browne, Patrick 22%Mensch, Bob 22%Rafferty, John 22%Scavello, Mario 22%Schwank, Judith 67%

KEY








Lehigh ValleySenate




ACLU Percent

ACLU‐PA Position OPPOSE OPPOSE OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSEBoback, Karen 38%

Brown, Rosemary 38%Carroll, Mike 75%Farina, Frank 75%Flynn, Marty 88%Heffley, Doyle 25%Kaufer, Aaron A 29%

Kavulich, Sid Michaels 63%Major, Sandy 25%Mullery, Gerald 38%Parker, David 38%

Pashinski, Eddie 75%Peifer, Michael 25%Pickett, Tina 25%Rader, Jack 63%Toohil, Tarah 25%

KEY








NortheastHouse of Representatives



ACLU Percent

ACLU‐PA Position OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSE OPPOSEBaker, Lisa 22%Blake, John 89%

Gordner, John 22%Scavello, Mario 22%Yaw, Gene 22%

Yudichak, John 33%

KEY








NortheastSenate




ACLU Percent

ACLU‐PA Position OPPOSE OPPOSE OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSEBizzarro, Ryan 50%Causer, Martin 25%

Dush, Cris 13%Fabrizio, Florindo 88%Gabler, Matt 25%

Harkins, Patrick 88%James, Lee A 29%

Longietti, Mark 25%Nesbit, Tedd 25%

Oberlander, Donna 25%Rapp, Kathy 25%Roae, Brad 25%

Sonney, Curtis 25%Wentling, Parke 25%

KEY








NorthwestHouse of Representatives



ACLU Percent

ACLU‐PA Position OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSE OPPOSEBrooks, Michele 33%Hutchinson, Scott 33%Scarnati, Joseph 33%Wiley, Sean A 50%

KEY








NorthwestSenate




ACLU Percent

ACLU‐PA Position OPPOSE OPPOSE OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSEAcosta, Leslie A A 100%Boyle, Kevin A 57%

Brown, Vanessa Lowery 100%Bullock, Donna 100%Cohen, Mark A A A 100%

Cook‐Artis, Tonyelle A 100%Cruz, Angel A 100%

Dawkins, Jason 100%DeLissio, Pam 88%

Donatucci, Maria 88%Driscoll, Michael 63%Evans, Dwight A A 100%Harris, Jordan 100%Keller, Bill 88%

Kinsey, Stephen 100%McClinton, Joanna 100%Murt, Thomas A 29%Neilson, Ed 50%

O'Brien, Michael 100%Roebuck, James A A A 100%Savage, Lynwood 100%

Sims, Brian 100%Taylor, John 25%

Thomas, Curtis A 100%White, Martina 14%

Youngblood, Rosita 100%

KEYHB 1538: Prohibits public officials from naming a police officer who injures or kills someone for 30 days after the incident.HB 1601 (Marsico Amendment): Reinstates most mandatory minimum sentences for drug offensesHB 1601: Reinstates mandatory minimum sentences for drug offenses and violent offensesHB 221: Requires training on mental health, intellectual disability, and autism for municipal police officers and the minor judiciaryHR 143: Non‐binding resolution that protests moratorium on executions implemented by Governor WolfSB 166: Allows the sealing of second‐ and third‐degree misdemeanors from a person's record after a period of years without another convictionHB 1948: Prohibits abortion after 20 weeks and prohibits dilation and evacuation method of abortionHB 1885: Fiscal penalties for local governments that do not acquiesce to demands of federal immigration authorities

PhiladelphiaHouse of Representatives



ACLU Percent

ACLU‐PA Position OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSE OPPOSEFarnese, Larry 67%Haywood, Art 89%

Hughes, Vincent 100%Kitchen, Shirley 100%Sabatina, John 33%

Tartaglione, Christine A A 86%Williams, Anthony 89%

KEY








PhiladelphiaSenate




ACLU Percent

ACLU‐PA Position OPPOSE OPPOSE OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSEAdolph, William A 14%Barrar, Stephen 25%Boyle, Kevin A 57%

Bradford, Matt 100%Briggs, Tim 100%

Corbin, Becky A 14%Daley, Mary Jo 100%Davidson, Margo A 100%

Davis, Tina 75%DeLissio, Pam 88%

Dean, Madeleine 100%DiGirolamo, Gene 38%Donatucci, Maria 88%

Farry, Frank 38%Galloway, John A 29%Godshall, Robert A 43%Harper, Kate A A 33%

Hennessey, Tim A 29%Kampf, Warren 38%

Kirkland, Thaddeus A 100%Krueger‐Braneky, Leanne A 60%

Lawrence, John A 29%Lewis, Harry 63%

McCarter, Stephen 100%Miccarelli, Nicholas A A 50%McClinton, Joanna 100%

Milne, Duane A A A 40%Murt, Thomas A 29%O'Neill, Bernie A 43%Petri, Scott A 29%

SoutheastHouse of Representatives


ACLU Percent

ACLU‐PA Position OPPOSE OPPOSE OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSEQuigley, Thomas 25%Quinn, Christopher 0%Quinn, Marguerite A 43%

Ross, Chris 88%Santarsiero, Steve A A A 60%Santora, James A 29%Simmons, Justin A 29%Staats, Craig 25%

Stephens, Todd 38%Toepel, Marcy 13%Truitt, Dan A 57%Vereb, Mike A A 33%Vitali, Greg 100%

Watson, Kathy A 29%

KEY








SoutheastHouse of Representatives



ACLU Percent

ACLU‐PA Position OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSE OPPOSEDinniman, Andrew 33%Greenleaf, Stewart 33%

Haywood, Art 89%Hughes, Vincent 100%Killion, Thomas 0%Leach, Daylin A 88%

McGarrigle, Thomas 22%McIlhinney, Charles 22%

Mensch, Bob 22%Rafferty, John 22%

Tomlinson, Robert 22%Williams, Anthony 89%

KEY








SoutheastSenate




ACLU Percent

ACLU‐PA Position OPPOSE OPPOSE OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSECosta, Dom 38%Costa, Paul 63%DeLuca, Tony A A A A A 67%Deasy, Dan 50%

Dermody, Frank 100%English, Harold 25%Evankovich, Eli A 29%Frankel, Dan 100%Gainey, Ed A 100%

Gergely, Marc A 86%Kortz, Bill 38%Kotik, Nick A 43%Maher, John A A 50%

Markosek, Joseph 63%Matzie, Rob 50%Miller, Dan A 100%

Mustio, Mark 25%Ortitay, Jason 38%

Ravenstahl, Adam 50%Readshaw, Harry 38%Saccone, Rick 25%Turzai, Mike 25%

Wheatley, Jake A 100%

KEY








AlleghenyHouse of Representatives



ACLU Percent

ACLU‐PA Position OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSE OPPOSEBrewster, James A 50%

Costa, Jay 78%Fontana, Wayne 56%

Reschenthaler, Guy 14%Vulakovich, Randy 22%

KEY








AlleghenySenate




ACLU Percent

ACLU‐PA Position OPPOSE OPPOSE OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSEChristiana, Jim 25%Daley, Peter A A 33%

Dermody, Fank 100%Dunbar, George 25%

Dush, Cris 13%Ellis, Brian 25%

Evankovich, Eli A 29%Gibbons, Jaret 38%Harhai, Ted A 29%James, Lee A 29%Maher, John A A 50%Mahoney, Tim 25%Marshall, Jim 25%Matzie, Rob 50%

Metcalfe, Daryl 25%Nelson, Eric 0%Nesbit, Tedd 25%

Neuman, Brandon 38%Oberlander, Donna 25%

Ortitay, Jason 38%Petrarca, Joseph 38%Pyle, Jeffrey 25%Reed, David 25%Reese, Mike 25%Saccone, Rick 25%Sainato, Chris 25%Snyder, Pam 38%Warner, Ryan 25%Wentling, Parke 25%

KEY








Greater PittsburghHouse of Representatives



ACLU Percent

ACLU‐PA Position OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSE OPPOSEBartolotta, Camera 33%Brewster, James A 50%Hutchinson, Scott 33%Reschenthaler, Guy 14%Stefano, Patrick 22%Vogel, Elder 22%Ward, Kim 33%

White, Donald 33%

KEY








Greater PittsburghSenate




ACLU Percent

ACLU‐PA Position OPPOSE OPPOSE OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSEBloom, Stephen 25%

Cox, Jim 25%Cutler, Bryan 25%

Delozier, Sheryl 38%Diamond, Russ 75%Fee, Mindy 25%Gillen, Mark 25%

Gillespie, Keith 25%Gingrich, Mauree 25%Greiner, Keith 25%Grove, Seth 25%Harris, Adam 25%Helm, Susan 25%

Hickernell, David 25%Hill, Kristin 25%

Kauffman, Rob 25%Keller, Mark 25%Kim, Patty 100%Klunk, Kate 25%

Lawrence, John A 29%Marsico, Ron 25%

Mentzer, Steven 25%Miller, Brett 25%Moul, Dan 25%Payne, John 25%Regan, Mike 25%

Rothman, Greg 17%Saylor, Stan A 29%Schemel, Paul 25%Schreiber, Kevin 88%

South CentralHouse of Representatives


ACLU Percent

ACLU‐PA Position OPPOSE OPPOSE OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSESturla, Michael 100%Tallman, Will 25%Tobash, Mike 38%Topper, Jesse 25%

Zimmerman, David 25%

KEY








South CentralHouse of Representatives



ACLU Percent

ACLU‐PA Position OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSE OPPOSEAlloway, Richard 33%Aument, Ryan 22%Corman, Jake 22%

Eichelberger, John 22%Folmer, Mike 33%Smucker, Lloyd 22%Teplitz, Rob 56%Vance, Pat 22%

Wagner, Scott A A 43%

KEY








South CentralSenate




ACLU Percent

ACLU‐PA Position OPPOSE OPPOSE OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSEBaker, Matt 25%

Causer, Martin 25%Everett, Garth A 14%Pickett, Tina 25%

Wheeland, Jeff A 29%

KEY








WilliamsportHouse of Representatives



ACLU Percent

ACLU‐PA Position OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE SUPPORT OPPOSE OPPOSE OPPOSEScarnati, Joseph 33%

Yaw, Gene 22%

KEY








WilliamsportSenate



HB 1538HB 1601 (Marsico Amendment) HB 1601 HB 221 HR 143 SB 683 SB 166 SR 248

ACLU Percent

ACLU‐PA Position OPPOSE OPPOSE OPPOSE SUPPORT OPPOSE OPPOSE SUPPORT OPPOSEHOUSE

Bishop, Louise (P) A 100%Brownlee, Michelle (P) 100%

Grell, Glen 100%Hacket, Joe 50%

Killion, Thomas 40%Krieger, Tim (GP) 33%Parker, Cherelle (P) 100%Sabatina, John (P) 100%Waters, Ronald (P) 50%

SENATEPileggi, Dominic 33%

KEY









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