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Author Topic: HHS holdup for HB 1393  (Read 1153 times)
Pallidus127
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« on: August 31, 2009, 06:13:38 PM »

I was wondering if anyone knew what the holdup for HB 1393 was.  I know it was referred to the HHS committee on 4/30, but I'm wondering if we have any idea what the holdup is there?  I did a little research to try to figure it out for myself and this is why I'm so confused.  First I read up on the legislative process here in PA, and this is what I found concerning post-committee referal: 

"In practice, the majority chairman controls the flow of legislation through his or her committee.  It is the chair¬man who generally calls meetings, decides which bills merit public hearings, and sets the voting agenda.  Committee members may force the consideration of any bill by majority vote, but this is rarely done. At a minimum, the majority chairman usually can count on the support of his party's committee members on procedural matters." - from a book chapter on the Pennsylvania General Assembly by Michael R. King and Michael E. Cassidy, Copyright, King and Cassidy, 1993

So the majority chairman of the HHS committee is Frank Oliver (D) of the 195th district (Philadelphia).  From what I've heard, MMJ has a big following in Philly, isn't it?  So his constituents are probably for it.  On top of that I looked him up on votesmart.org and check out his "Political Courage Test" (Survey that they can take to show their support on issues) and I see this:

Indicate which principles you support (if any) regarding health.
X    g) Support allowing doctors to prescribe marijuana to their patients for medicinal purposes.

So the majority chairman, who controls the flow of legislation through the HHS, represents a part of Philly (where the constituents support MMJ), and indicated in the Pennsylvania State Legislative Election 2008 Political Courage Test that he supports MMJ, is handed a bill concerning medical marijuana, and it's just sitting there.  Why?

It's not because they're doing more important things.  I checked out what they've done in their past few meetings.  Here are some of the highlights:

06/24/2009      House Resolution 294 - Report Bill As Amended - Designates May 2009 as "Amyotrophic Lateral Sclerosis Awareness Month"
06/24/2009    House Resolution 294 - Adopt Amendment -     July 4, 2009, marks the 70th anniversary when Lou Gehrig made his famous farewell speech at Yankee Stadium.
06/10/2009      House Resolution 286 - Report Bill As Committed - The Commonwealth endorses the efforts of the Shriners Hospitals for Children in dealing with a budget shortfall.

and trust me, these meetings weren't bogged down with lots of other activity pushing MMJ to the back burner (all of that info btw, from the PA House's website:  http://www.legis.state.pa.us/cfdocs/cteeInfo/cteeInfo.cfm?body=H&cde=20)

They've been more concerned with the budget crisis?  Fine...  but why hasn't anyone suggested an amendment to the bill for higher taxes on MMJ?  It already establishes a regular sales tax on MMJ purchases.  With some state workers not being paid and state funding for programs being dropped; MMJ (and subsequent taxation) is very relevant in any discussion dealing with the budget gap.

This small excerpt from the same book I cut a passage from earlier:
     "Most committees take no action on the majority of bills referred to them.  Committees generally do not report out bills that have little chance of passage.  The chairman or committee members informally may judge a bill to be impractical from a fiscal or administrative standpoint, or a bill may run counter to the substantive or political position of the majority caucus or a powerful chairman. Or a bill may not be considered because the prime sponsor simply did not ask the chairman to consider it."

Does it have little chance of passage outside of the committee?  It can't be the impractical from a fiscal or admin standpoint.  Is it not being brought up because of another chairperson?  Did someone drop the ball?  Do we even know what was holding it there prior to the august break?  In lieu of anyone actually knowing, anyone have any intelligent theories?
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Quietus
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« Reply #1 on: August 31, 2009, 06:37:28 PM »

So the majority chairman of the HHS committee is Frank Oliver (D) of the 195th district (Philadelphia).  From what I've heard, MMJ has a big following in Philly, isn't it?  So his constituents are probably for it.  On top of that I looked him up on votesmart.org and check out his "Political Courage Test" (Survey that they can take to show their support on issues) and I see this:

Probably the most effective way for you to get an answer, would be to simply call his office and ask, "This piece of legislation is important to my family.  As Mr. Oliver is the chairman of the committee, could he give me a reason why he hasn't given it a hearing?  I see on the pa house's website all sorts of meaningless legislation moving through the committee like noting the anniversary of Lou Gherig's speech but nothing on this bill important to people in my family with a terminal illness."

But sound sincere and inquisitive and not hostile in tone.
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Derek Rosenzweig
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« Reply #2 on: August 31, 2009, 06:51:22 PM »

As I and others close to the process have said numerous times, the BUDGET is the only thing they're even talking about out in Harrisburg now that the August break is over. Rep. Oliver has already ordered his secretaries to schedule HHS hearings as soon as the budget is passed. Legislators aren't scheduling meetings with people on other subjects. Olver's office will call me on the phone when they've scheduled HHS hearings - same with Rep. Sturla's office for the Democratic Policy Committee hearings - they called me about the sept 2nd hearing, and the next day called me to tell me it was canceled.

Hopefully this budget will pass soon. HB 1393 will get precedence in at least those two committees as soon as the budget is done. You can be sure that we'll be moving fast after that happens to alert our members.
« Last Edit: August 31, 2009, 06:57:25 PM by Derek Rosenzweig » Logged
aquoyle1
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« Reply #3 on: August 31, 2009, 07:14:41 PM »

3 months ago I was diagnosed with lymphoma. I was a healthy 37 yr old. I was devastated. It took almost a month before I had the final pathology which means I did not know if this was terminal or something I could fight. During this time I underwent a battery of tests to find out what stage it was in. I had not smoked pot in years but I started again when I found out about the cancer. My anxiety and stress level was so high that without the anti-anxiety effects of marijuana I would not have been able to function let alone keep my sanity. I no longer smoke it because I don't know where to aquire any and the risk of incarceration is too great. I went to my doctor and she has determined that I now have major depression mostly due to to the anxiety from having a form of cancer which will most likely not kill me but can not be cured. This requires a life of testing and waiting for it to act up so they can knock it down with chemo and/or radiation. My doctor wants me to go on anti-depressants. I have never used pharmaceuticals before and I would rather not start. If I don't want to put some companies chemicals in my system, then my only other option is to risk arrest and shame my family. Marijuana works, this I know, but "freedom" doesn't afford me the choice of how to take care of my health and well-being. This is a health care issue and I applaud you for standing up for your constituents who so desperately need this bill to pass!  Please us my testimony if it will help.------

This is a copy of what I've been sending to as many representatives as I can before my eyes want to fall out of my head. I can only hope that it helps.  If you have any suggestions on how I can improve the message please let me know and thank you for all that the members of NORML have done to furthur this cause.
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sublime207
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Posts: 3


« Reply #4 on: September 23, 2009, 08:05:22 PM »

I know everyone is anxiously waiting for the budget impasse to end. I just wanted to share the latest I have heard from a tax policy meeting I attend.

On Friday, Sept 18,  Senate Republican and House Democratic leaders and Gov. Ed Rendell announced they had reached an agreement on a General Fund budget for the 2009-10 fiscal year.
Enactment cound come in a week to 10 days, ending the nearly three month long impasse.

The proposed $27.945 billion budget spends $1 billion less than the governor had originally requested. Some of the revenue is expected to come from new or increased "sin taxes".

$97 million - 25 cent per pack cigarette tax increase
$30 miillion - new tax on cigarillos
$170.9 million - redirecting cigarette tax funds from HCPRA to the General Fund.
$200 million -  the addition of casino table games

Hopefully they will be eager to collect new sales tax revenues from medical marijuana.  I am not sure if there are any estimates out there, but it is notable that Philadelphia and Allegheny counties have increased their sales tax rates by 1% effective 10/8/09.  Therefore, now even more revenue can be generated from medical marijuana.



« Last Edit: September 23, 2009, 08:12:34 PM by sublime207 » Logged
Quietus
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Posts: 537



« Reply #5 on: September 23, 2009, 08:37:23 PM »

I know everyone is anxiously waiting for the budget impasse to end. I just wanted to share the latest I have heard from a tax policy meeting I attend.

On Friday, Sept 18,  Senate Republican and House Democratic leaders and Gov. Ed Rendell announced they had reached an agreement on a General Fund budget for the 2009-10 fiscal year.
Enactment cound come in a week to 10 days, ending the nearly three month long impasse.

The proposed $27.945 billion budget spends $1 billion less than the governor had originally requested. Some of the revenue is expected to come from new or increased "sin taxes".

$97 million - 25 cent per pack cigarette tax increase
$30 miillion - new tax on cigarillos
$170.9 million - redirecting cigarette tax funds from HCPRA to the General Fund.
$200 million -  the addition of casino table games

Hopefully they will be eager to collect new sales tax revenues from medical marijuana.  I am not sure if there are any estimates out there, but it is notable that Philadelphia and Allegheny counties have increased their sales tax rates by 1% effective 10/8/09.  Therefore, now even more revenue can be generated from medical marijuana.

Doesn't that still leave a $1.5b shortfall?
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J.T.H.C.
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Posts: 106


« Reply #6 on: September 23, 2009, 09:08:31 PM »

So why the holdup now that the budget has passed?  Or did I just mishear that the budget had passed?
 
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Derek Rosenzweig
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« Reply #7 on: September 29, 2009, 10:31:28 PM »

They agreed on some major points, the rest should fall into place shortly, like within the week probably. I'm hoping by mid-October it'll be scheduled and we can finally proceed. Now that the NORML conference is over, I will return all the emails that've piled up, finalize the testimony, etc.
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