Mustio Spring 2010 Reform Report

8/9/2019 Mustio Spring 2010 Reform Report

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House Bill 265 contains all mandatory provisions required by theVAWA including:

1. Per the victim’s request, the defendant being tested forHIV within 48 hours of being held for trial throughindictment or preliminary hearing;

2. Test results provided to the victim and to the defendantas soon as is practicable;

3. Follow-up HIV testing providedas medically appropriate.

Consequences of Inaction

According to the U.S. Department of Justice, which administers the alloca-tion of these grants, Pennsylvania hasreceived more than $3.8 millionunderthe VAWA since 2006, but has alreadybeen locked out of approximately 5percent of this guaranteed federalfunding for not enacting the type of

statute provided through House Bill265.

For example, the PennsylvaniaCommission on Crime and Delin-quency received a $750,000 grantin 2006, but forfeited 5 percent or$37,500 simply because state law doesnot comply with the VAWA. Brokendown another way, that’s $37,500 which cannot be used to make sureabused women and their children havea safe place to sleep. That’s $37,500 which cannot be used to make surethere are enough counselors to meetthe needs of those battered by a loved

one.All totaled, if House Bill 265 does not become law by the

end of 2010, Pennsylvania’s domestic abuse programs will lose 5percentof more than $3 million awarded to communities acrossthe Keystone State in 2007, 2008 and each year thereafter.

By adopting the VAWA, Congress has already demonstratedthat they are on the same side with Jennifer and other domesticabuse victims who want the peace of mind of knowing whetherthey have been exposed to the HIV virus.

Rest assured, I will continue to use every legislative mechanism atmy disposal to protect and restore this guaranteed federal fundingand, most importantly, return Pennsylvania to the right side of thelaw through final passage of House Bill 265.

Reform Report STATE REPRESENTATIVE MARK MUSTIO

Spring 2010

PRSRT STD

U.S. POSTAGE

PAID

HARRISBURG, PA

PERMIT NO. 529

Just like many of the bills I have authored since first taking office in June 2003, the HIV-Related Testing for Sexual Offenders Act(House Bill 265) is inspired by the real life story of a districtresident.

However, as you will see from the following excerpts takenfrom my recent testimony before the Pennsylvania House

Judiciary Committee, the personal and economic costs of legislative inaction are too highto be denied by business as usualpolitics in Harrisburg.

Jennifer’s Story

A student attending one of Penn-sylvania’s universities, Jennifer’s lifewas tragically interrupted whenshe was raped. Thankfully, the per-petrator was caught quickly aftercommitting this despicable andcowardly act.

Jennifer immediately sought help

from medical professionals. Shewent to the hospital and was seenby doctors and nurses and later avictim’s advocate.

Both Jennifer’s mother and fathercontacted the district attorney andthe police. At every stop along theway, Jennifer and her parents askedif the perpetrator could be testedfor HIV.

As a victim, Jennifer wanted peaceof mind. She wanted to know if the man who raped her had alsogiven her a life-threatening illness.

She wanted to know if she should start treatment for the HIVinfection, called nPEP, which must be given within a short timeframe for maximum effectiveness and to avoid other potentiallydangerous side effects.

Unfortunately, no one Jennifer or her family members spoketo knew of a way to have her attacker tested to reveal his HIVstatus.

The Legislation

If not for Jennifer’s courage to come forward, I would neverhave known about the federal Violence Against Women Act(VAWA) that requires all 50 states to enact a law that requiresan attacker to be tested for HIV upon request of the victim.

Referred to the House Judiciary Committee on Feb. 5, 2009,

HIV Testing for Sex Offenders Act Protects

Rape Victims and Millions in Federal Funding

Representative Mustio recently testified before the PennsylvaniaHouse Judiciary Committee regarding the immediate need toenact his legislation requiring immediate HIV testing for sexual offenders. If Pennsylvania fails to enact House Bill 265 by the end of the 2009-10 legislative session, the Commonwealth will forfeit millions of dollars in guaranteed federal funding benefiting victimsof rape and domestic abuse.





overnment Problems With Real Reform Solutions

Representative Mustio recently participated in a state Capitol press conference to reveal the results of a Federation for American Immigration Reform (FAIR) study confirming thatenacting the National Security Begins at Home illegal

immigration reform package would save Pennsylvaniataxpayers no less than $728 million annually. Mustio’slegislation (House Bill 1773) would terminate the professionallicense of any employer for knowingly hiring illegal aliens.

House Bill 2053

Rejecting the concept of government-run health care, wherebureaucrats make decisions instead of patients and their doctors,recently I added my support to the Freedom of Choice in HealthCare Act.

Regardless of any actions taken by the federal government to mandateall citizens to buy health insurance or face a penalty, if enacted,House Bill 2053 would:

• Protect the right of individual Pennsylvanians to enter intoprivate contracts with health care providers for health careservices and to purchase private health care coverage or services.

• Prohibit any branch of state government, agency or department from directly or indirectly imposing any typeof penalty or fine on individuals or employers choosing toobtain or decline health care coverage or for participationin any particular health care system or plan.

Passage of House Bill 2053 will further ensure that any health carereforms implemented in Pennsylvania will reduce costs and expand theavailability of coverage, rather than increasing taxes and decreasing thefreedom of choice in health care for all Commonwealth residents.

Mustio Backs Legislation to

Keep Government’s Hands Off

Your Health Care

Representative Mustio gets a first-hand tour of Robert MorrisUniversity’s RISECenter which useslife-like computerized mannequins to allow medical students and current health careprofessionals topractice important skills needed toprovide safe, quality

care to patients.

Legislative Updates visit RepMustio.com

Problem:

Multi-Billion Dollar

Pension Crisis

Reform Solutions:

Through the first seven months of this fiscal year,Pennsylvania is facing a $375 million and risingbudget deficit with absolutely no reserve fundsleft to produce a balanced 2010-11 state budget-if overall spending is not dramatically reduced. Addto this, the multi-billion dollar state and schoolemployees pension crisis, which is scheduled tospike in 2012, and Pennsylvania has all the makings foran unprecedented fiscal catastrophe.

As a member of the House Republican Reform Task Force, which is now exclusively focused on addressingthis critical issue, I am supporting the following solutionsto alter the manner in which retirement packages areoffered to future state and public school employees:

House Bill 1174

This reform legislation would replace pension plans forfuture state and public school employees withdefined contribution retirement accounts similarto 401(K)s. Implementation of legislation such asHouse Bill 1174 would remove the Commonwealth’smonthly dispersal obligation, while providingemployees with greater flexibility for their retirementincome.

House Bill 2135

House Bill 2135 is another piece of pension reformlegislation that is dependent upon establishing a definedcontribution system. Unlike House Bill 1174, HouseBill 2135 applies exclusively to future public schoolemployees and does not eliminate pensions. Rather,this legislation creates a hybrid system that effectively

mixes a reduced version of the current defined benefitplan with a 401(K) type defined contribution plan. Inaddition, House Bill 2135 caps the amount in which theemployer contribution rate can increase over the nextseveral years.

Mustio Supported EnergizePA Initiative Yields

Larger Than Expected State Revenues

As one of the original co-sponsors to the “EnergizePA” plan(House Bill 1050) to expand natural gas drilling across

390,000 additional acres of state forest land, Representative Mustio made a legislative visit to Atlas Energy Resources, LLC’s Marcellus shale wells. Proposed and enacted in response toGov. Ed Rendell’s original proposal to tax Marcellus natural gasextraction, EnergizePA has exceeded expectations resulting inbids totaling $128 million. The plan is expected to generate at least $60 million in revenue for 2010 and an additional $180million in 2011—virtually negating the need for new or increased taxes.



Documents

Mustio Spring 2010 Reform Report