Mike's Memo

Welcome to a new year of "Mike's Memo," an update on what's happening in the 48th Legislative District, the State Capitol, and the progress on my "Promise to Pennsylvania," a pledge to advance government reforms, enact meaningful lawsuit abuse reform, eliminate wasteful state spending, and cut taxes. If you haven't done so already, please take a few moments to visit my website at www.senatorfolmer.com to learn more about issues that may affect you and your family.

Week of December 14, 2009

Senate Returns to Session

The full Senate will be in Session this week – 1 p.m. today (Tuesday, December 15) and 11 a.m. Wednesday (December 16).

Education Committee Reviews "Costing Out Study"

The Senate Education Committee held a day-long hearing to hear testimony on the "Costing Out Study," which calls for an additional $3.17 - $6.02 billion in education spending.  The more I hear about the study, the more I believe another study is necessary.  My concerns include:

• Study notes:  "The idea of achieving near universal academic proficiency is one which rightfully resonates well with most citizens.  However, no state or country in the developed world has ever achieved this goal and it should come as no surprise that the costs involved can be significant."  To me, this says that no matter how much (additional) money we spend on education, it is unlikely we will achieve our goals;

• Study eliminated the highest costing/lowest performing school districts and lowest costing/highest performing districts.  I believe we should closely study those districts that are low cost and high performance;

• Experienced educators and others were interviewed during the study, but instructed to not consider costs.  "Panelists were instructed to identify the amount of resources (e.g., number of teachers) needed to meet the performance expectations, not to estimate the actual costs of providing those services."  I believe not considering costs that are (or may be) ultimately borne by taxpayers is irresponsible;

• Study establishes "hypothetical districts" to identify strategies most likely to produce desired student performance outcomes. However, the study did not develop any "hypothetical" dollars to fund such districts;

• Study relied heavily on education stakeholders - school board members, school program directors, business managers, school staff, principals, teachers, and superintendents.  Just seven other (business) people were involved.  I do not think this was a sufficient representative sample of people – especially given the recommendations for spending additional state tax moneys.

For hearing video and copies of testimony, visit the Education Committee's website.

Bill of Rights Day

Today, December 15, is Bill of Rights Day. The day recognizes the 218th anniversary of our Bill of Rights – key amendments to the U.S. Constitution which protects our individual civil liberties.  After the Constitution was ratified on March 4, 1789, and took effect, some states and individuals were concerned the new Constitution did not properly cover and protect a number of rights for individuals.  As a result, the first U.S. Congress proposed 12 amendments to the Constitution and 10 – known as the "Bill of Rights" were added on this day in 1791.

• 1st Amendment - Freedom of speech, press and religion

• 2nd Amendment - The right to bear arms

• 3rd Amendment - Protection of homeowners from quartering troops, except during war

• 4th Amendment - Rights and protections against unreasonable search and seizure

• 5th Amendment - Rights of due process of law, protection against double jeopardy, self incrimination

• 6th Amendment - Rights of a speedy trial by jury of peers and rights of accused
• 7th Amendment - Rights to trial by jury in civil cases
• 8th Amendment - Protection from cruel and unusual punishment, excessive bail
• 9th Amendment - Protection of rights not specified in the Bill of Rights
• 10th Amendment  - States rights, power of the states

Of the 12 original amendments, the two that were not approved dealt with the number of representative to Congress and the compensation to Representatives.

Census Bureau Gears Up for 2010 Count

The U.S. Constitution (Article I, Section 2, Clause 3) requires there be a census of the entire population, both citizens and noncitizens, every ten years.  The 14th Amendment directs the census be used to determine the number of Members of the U.S. House of Representatives from each state.  The Census Bureau was established in 1902, and the first census was conducted in 1970.

According to the Census Bureau, the following are current estimates for both the nation and state:

For more information on these issues or other legislative and state topics, or if you are unable to open the bill links, visit the Pennsylvania General Assembly website at www.legis.state.pa.us.

Please feel free to contact me at any time on state-related issues that are of concern to you.  I may be reached through e-mail at mfolmer@pasen.gov, my website,or any one of my offices listed below.

For more information on these issues or other legislative and state topics, or if you are unable to open the bill links, visit the Pennsylvania General Assembly website at www.legis.state.pa.us. You may also want to visit "News for Constituents", a comprehensive look into various issues affecting Pennsylvanians across the Commonwealth.

Please feel free to contact me at any time on state-related issues that are of concern to you. I may be reached through e-mail at mfolmer@pasen.gov, my website, or any one of my offices listed below.