Senator Dush E-Newsletter

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In this Update:

  • Protecting Property Owners Against Eminent Domain Inflicted Loss of Goodwill
  • Senate State Government Committee Advances Bill to Rein in Use of “Acting Secretaries”
  • Outstanding Student Leadership, Even Brighter Future for PA’s No. 1 Industry
  • Welcome to Your State Capitol
  • Senate Committee Votes to Preserve Women’s Sports
  • Youth Invited to Go Fishing on Saturday
  • March 29 is Vietnam War Veterans Day
  • PA Recovers $11.3 Million in Medicaid Fraud

Protecting Property Owners Against Eminent Domain Inflicted Loss of Goodwill

Pennsylvania’s eminent domain code sets into motion one of the most extraordinary and ominous wrecking-ball-powers of government: the authority to both condemn and confiscate private property.

As Chairman of the PA Senate State Government Committee, I am pleased to report that my legislation to protect targeted property owners against eminent domain abuse was once again approved, on Tuesday, by a unanimous vote of 11-0.

Fully supported by the Pennsylvania Farm Bureau, Senate Bill 225 would specifically protect business and farm owners whose properties are seized through eminent domain by financially compensating for loss of goodwill.

With eminent domain seizures continuing to endanger private property rights across Senate District 25, on Jan. 22, 2024, I convened a Senate State Government Committee public hearing in Bellefonte, Centre County to receive testimony regarding eminent domain abuse and its impact on the private property rights of farmers, job-creating employers; and homeowners.

Featured testifiers included:  Jesse Darlington Jr., Centre County farm owner whose land is being targeted for potential confiscation as part of PennDOT’s Route 322 connector project and Scott Jacobs, small business owner, Fox’s Pizza Den, who was involved in a 10-year legal fight for just compensation. The complete public hearing and submitted testimony can be viewed here.

A farm that sits on top of soil that has been meticulously cared for, cultivated, and enriched over generations and a restaurant thriving inside of a community that it has served for decades both have a great deal of goodwill amassed into their locations.

Forcing those operations to pick up and move destroys that goodwill. Whether it’s a family farm or a downtown pizza shop, these free-market enterprises deserve substantial compensation to survive these devastating economic losses.

By ensuring that farmers and businesses are fairly compensated for any land they are forced to sell, my eminent domain protection legislation seeks to restore the inherent and indefeasible rights of enjoying life and liberty, and acquiring, possessing, and protecting property in the pursuit of happiness as specified in Article 1, Section 1 of the Pennsylvania Constitution.

Senate Bill 225 now advances to the full Senate for consideration.

Senate State Government Committee Advances Bill to Rein in Use of “Acting Secretaries”

Also on Tuesday, legislation I co-sponsored with Senator Kristin Phillips-Hill, which seeks to place clear limits on the use of “acting secretaries” (Senate Bill 472), was also advanced by the PA Senate State Government Committee to the full Senate for consideration.

Especially under Pennsylvania’s most recent governors, acting secretaries have operated departments without the constitutional checks and balances of Senate confirmation for indefinite, unchecked periods of time.

For example, under the Wolf Administration, 11 acting secretaries were never sent to the Senate for confirmation.

Without constitutionally required Senate confirmation, these acting secretaries actually lack legitimate constitutional authority to act. However, this illegitimacy has in no way hindered them from exercising full power or collecting the full paycheck with benefits of a “confirmed secretary.”

This reform measure addresses this loophole by limiting how long a person can serve as the head of a department without Senate confirmation.

The bill clarifies that these individuals will be designated as “Deputy – Head of Department” and may only serve in that role once per gubernatorial term and must appear before the General Assembly during budget hearings.

It also ensures that those serving in this temporary role do not receive additional compensation or elevated benefits beyond those of their peers.

The passage of Senate Bill 472 will effectively conclude this executive branch undermining of the intent and purpose of Article IV, Section 8 of our state constitution.

Outstanding Student Leadership, Even Brighter Future for PA’s No. 1 Industry

Between attending the annual PA FFA breakfast and having multiple bills advanced out of the PA Senate State Government Committee, the absolute highlight of my week at the state Capitol was discussing current agricultural/legislative issues with students proudly representing the Brockway FFA and Otto-Eldred FFA chapters at the PA FFA State Legislative Leadership Conference.

Welcome to Your State Capitol

Immediately following my state Capitol meetings with Brockway FFA and Otto-Eldred FFA student leaders, I had the privilege of connecting with Joe Jacob, chief executive officer, Boys & Girls Club of Saint Marys.

Our meeting provided Joe with the opportunity to connect with Gage McCabe.

Currently a senior at Penn State University, Gage was recently hired as the next agricultural education teacher at Saint Marys Area School District.  He is presently completing his student teaching internship working with Otto-Eldred FFA students.

I am greatly looking forward to working with both of these outstanding community leaders!!!

Senate Committee Votes to Preserve Women’s Sports

This week, the Senate Education Committee passed legislation to preserve integrity and fairness in women’s sports, progress that was hard fought decades ago with the creation of Title IX. The bill now moves to the full Senate for consideration.

Senate Bill 9, known as the Save Women’s Sports Act, would require public schools and colleges to label sports teams as male, female or coed. It would only permit biological females to join teams designated for women. Notably, Senate Bill 9 would allow students to take legal action if they are harmed by violations of this rule.

Female students who compete in high school and college sports deserve a level playing field. This bill would protect this opportunity for them, allowing fair and equal access to the personal enrichment, character development and fitness sports provide.

Youth Invited to Go Fishing on Saturday

Pennsylvania’s Mentored Youth Trout Day gives young people early access to the state’s stocked trout waters. This year, it will be held on Saturday, March 29, from 8 a.m. to 7:30 p.m.

Youth anglers need a free Mentored Youth Permit or a Voluntary Youth Fishing License, which can be purchased for $2.97, from the Pennsylvania Fish and Boat Commission. Both are available online or at licensing agents across the state.

To participate, youth anglers must be accompanied by a licensed adult angler, which are anglers 16 years of age and older. Adult anglers need a valid Pennsylvania Fishing License and a current Trout Permit. Youth with a license or permit can take a total of two trout (combined species) with a minimum length of seven inches. Adult anglers may not possess trout.

March 29 is Vietnam War Veterans Day

Nine million Americans served during the Vietnam War era and 58,000 gave their lives. Sadly, because many people didn’t view the war favorably, Vietnam War veterans received a cold reception when they returned to American soil. Some were even deeply mistreated.

March 29 marks the day in 1973 when the last United States troops left Vietnam. That same day, 591 American prisoners were released and returned to the United States.

Let us recognize those who fought valiantly for our freedoms. We are grateful for their courage and sacrifices.

PA Recovers $11.3 Million in Medicaid Fraud

One of my top priorities is fighting fraud throughout state government, and I’m pleased that Attorney General Dave Sunday’s Medicaid Fraud Team recovered more than $11.3 million in misused Medicaid funding in fiscal year 2024.

In fact, a federal annual report ranked Pennsylvania first in the nation for number of Medicaid fraud charges filed against individuals and third in convictions secured. The report also states that Medicaid Fraud units across the country recover $3.46 for every $1 spent by the units. Retrieving this funding gave limited-income and vulnerable populations access to health care as intended.

The Medicaid Fraud Team prosecutes those who defraud the program through unlawful billing or failure to provide services. It also prosecutes those who neglect or abuse Pennsylvanians dependent on their care and those who financially exploit older adults or care-dependent persons.

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