Baker’s Bill Simplifying Grantor Trust Process for PA Taxpayers Passes Senate

HARRISBURG – Legislation to simplify and streamline the irrevocable grantor trust process was passed by the Senate, according to the bill’s sponsor, Sen. Lisa Baker (R-20).

An irrevocable grantor trust cannot be modified, amended or terminated without the permission of the grantor’s beneficiaries. These trusts are often established by someone as a means of reducing taxes and protecting property. In many cases the grantor, who establishes the trust, wants to pay the income taxes so the trust’s beneficiaries are not negatively impacted. Senate Bill 815 would remove the barrier, simplifying the irrevocable grantor trust process.

“Unfortunately, the current law in Pennsylvania is an incentive for some people to set up their trust in another state. There is no good reason to sustain a system that makes Pennsylvania less competitive,” Baker said. “By simplifying the rules to mirror the successful practices of other states, it will avoid confusion for tax filers and align our commonwealth with the rest of the nation.”

The bill was sent to the House of Representatives for consideration.

CONTACT:
Jennifer Wilson

Baker’s Bill Protecting Identities of PA Lottery Winners Passed by Senate

HARRISBURG – Legislation sponsored by Sen. Lisa Baker (R-20) protecting the identity of Pennsylvania Lottery prizewinners was passed unanimously by the Senate.

“The Pennsylvania Lottery annually generates more than $1 billion for seniors in our state, and is the only state lottery that designates all proceeds to programs benefiting older residents. However, advances in technology have provided scammers with a major resource to target lottery winners, especially older Pennsylvanians, with identity theft and fraud,” Baker said. “This legislation will allow individuals to remain anonymous to better protect their identities, winnings and families.”

With Senate Bill 373, individuals would be given a choice to publicly disclose their name and other identifying information or remain confidential. A prizewinner’s municipality and county of residence would remain public information under the Right-to-Know Law.

“Half of all states already provide winners full or partial anonymity,” Baker said. “While transparency in Pennsylvania Lottery operations is essential, I believe it is important to protect lottery winners’ privacy and shield them from those who may be looking to exploit their good fortune. It is time for Pennsylvania to join in protecting our lottery prizewinners.”

The bill now heads to the House of Representatives for consideration.

CONTACT:
Jennifer Wilson

Baker’s Leadership Recognized by City and State Pennsylvania

HARRISBURG – Since taking the oath of office as state senator in Jan. 2007, Sen. Lisa Baker (R-20) has concentrated on delivering results for the communities and residents of the 20th Senatorial District. Her approach combining collegiality, cooperation and common sense has resulted in recognition by City and State Pennsylvania.

“I have always practiced the fundamentals of successful lawmaking, as imparted to me by a long list of mentors, including former Sen. Charlie Lemmond,” said Baker. “Talk to people about their needs and concerns, listen to all sides in the dispute, do the research, determine how to assemble solutions that will be constitutional and practical, and most of all work with a bipartisan team to advance quality legislation through the process.

In June, Baker was part of the publication’s The 2023 Law Power 100 list, which highlights the most influential legal professionals in the state. Last week, Baker was also included in City and State’s The 2023 Power of Diversity: Women 100 list, detailing the impactful female leaders in Pennsylvania.

Baker was featured in both lists for spearheading anti-crime wiretap and guardianship provisions legislation, advocating for veterans and crime victims, and being involved with Pennsylvania’s Juvenile Justice Task Force, the Advisory Committee on Probation and the Judicial Council of Pennsylvania.

“It is truly an honor to be recognized alongside these influential and intelligent men and women in our state. When we work together, we can make a difference and change the lives of Pennsylvanians, which I strive to do as a state senator,” Baker said.

The honorees profiled in both lists are researched by City and State staff and include politicians, business executives, nonprofit leaders, advocates and others.

CONTACT: Jennifer Wilson

Meeting to consider SB 44, SB 45 and SB 235

Senate Judiciary Committee

Tuesday, June 27, 2023 | 10 a.m.

Room 8E-A, East Wing


Agenda

  • Senate Bill 44, P.N. 850 (Dush)Amends Titles 18 (Crimes and Offenses) and 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in human trafficking, further providing for definitions, for the offense of trafficking in individuals and for the offense of patronizing a victim of sexual servitude; in minors, further providing for unlawful contact with minor; and, in domestic and sexual violence victim address confidentiality, further providing for definitions and for persons eligible to apply.
    • Amendment A01497 (Baker)—Clarifies and expands the definition of human trafficking.
  • Senate Bill 45, P.N. 927 (Collett)Amends the act of October 25, 2012 (P.L.1618, No.197), known as the National Human Trafficking Resource Center Hotline Notification Act, further providing for victim services
  • Senate Bill 235, P.N. 201 (Mastriano)—Amends Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in criminal homicide, providing for the offense of fentanyl delivery resulting in death.
    • Amendment A01482 (Baker)–Relocates substance of SB 235 to Title 18, Section 2506 (relating to Drug Delivery Resulting in Death); changes grading of offense and penalty.

Senate Committee Passes Baker, Bartolotta and Williams Bill to Reform PA’s Probation System

HARRISBURG – The Senate Judiciary Committee passed legislation sponsored by Sens. Lisa Baker (R-20), Camera Bartolotta (R-46) and Anthony Williams (D-8) that would reform Pennsylvania’s probation system to give people a better pathway out of the criminal justice system.

“We’ve passed laws in recent years offering individuals a second chance – better enabling them to find a place to live, access education or training if that is needed, and have a fair shot at employment,” Baker said, who chairs the committee. “However, we will not fully realize the benefits of these improvements if we do not eliminate the issues that exist in probation.”

Senate Bill 838 would establish a mandatory probation review conference for probationers, providing criteria for when they occur and a presumption that probation will be terminated unless the individual does not qualify. It would also allow the review conference to occur earlier based on the good conduct of defendants by achieving certain educational, employment or other goals. A provision to allow for the waiving of the mandatory review conference in cases where all stakeholders agree it is unnecessary is also included.

“Our bill is designed to implement greater fairness, eliminate excessive incarceration, give individuals a more reliable second chance to get their lives right and offer taxpayers a break from ever-rising state correctional costs,” Bartolotta said.

Senate Bill 838 now moves to the full Senate for consideration.

“My colleagues and I continuously worked, day after day, to get us to this point today. I appreciate the hard work of everyone involved. I am thrilled for the thousands of Pennsylvanians on probation who will see a positive change once this bill becomes law,” Williams said.

Click here to view the committee meeting.

CONTACTS:
Cara Laudenslager (Baker)
Katrina Hanna (Bartolotta)
Sabrina Hall (Williams)

TOMORROW: Senate Judiciary Committee Holding Confirmation Hearing, Voting Meeting

 HARRISBURG – The Senate Judiciary Committee, chaired by Sen. Lisa Baker (R-20), is holding a confirmation hearing and voting meeting tomorrow, June 22, at 10 a.m., in Hearing Room 1, North Office Building, Capitol Complex, Harrisburg.

The following nominations will be considered:

  • Dr. Laurel Harry, secretary, Department of Corrections;
  • Michael Piecuch, Esq., judge, Court of Common Pleas, Snyder and Union counties; and
  • Michael P. Toomey, Esq., judge, Court of Common Pleas, Northumberland County.

The following bills will be considered:

  • Senate Bill 815 (Baker) – Provides that the grantor of a trust who is treated as the owner of the trust pursuant to the Internal Revenue Code of 1986, shall be obligated to pay the appropriate Pennsylvania income taxes.
  • Senate Bill 838 (Baker) – Establishes probation review conferences and limits on total confinement for technical violations.

Livestream will be available at pasenategop.com/watch/. 

CONTACT:
Cara Laudenslager

Meeting to consider the nominations of Dr. Laurel Harry, Secretary, Department of Corrections; Michael Piecuch, Esquire, Court of Common Pleas Judge, Snyder and Union Counties; and Michael P. Toomey, Esquire, Court of Common Pleas Judge, Northumberland County; and to consider SB 815 and SB 838

Senate Judiciary Committee

Thursday, June 22, 2023 | 10 a.m.

Hearing Room 1, NOB 


Agenda

Confirmation Hearing:

Call to Order and Opening Statements:

Senator Lisa Baker, Majority Chair, Judiciary Committee
Senator Steven Santarsiero, Minority Chair, Judiciary Committee

Attendance

  • Nomination of Dr. Laurel Harry, as Secretary, Pennsylvania Department of Corrections

          Swearing-in and Introduction of the Nominee: Senator Baker

          Remarks: Dr. Laurel Harry, Acting Secretary, Pennsylvania Department of Corrections

          Questions and Comments:  Members of the Committee

          Consideration of Nomination

  • Nomination of Michael Piecuch, Esquire, as Judge, Court of Common Pleas, Snyder and Union Counties

          Swearing-In of the Nominee:  Senator Baker

          Introduction of the Nominee:  Senator Culver

         Remarks: The Honorable Michael Piecuch, Esquire, District Attorney, Snyder County

         Questions and Comments:  Members of the Committee

         Consideration of Nomination

  • Nomination of Michael P. Toomey, Esquire, as Judge, Court of Common Pleas, Northumberland County

         Swearing-In of the Nominee:  Senator Baker

         Introduction of the Nominee:  Senator Culver

         Remarks: The Honorable Michael P. Toomey, Esquire, Magisterial District Judge, District Court 08-3-04, Northumberland County

         Questions and Comments:  Members of the Committee

         Consideration of Nomination

Voting Meeting:

  • Senate Bill 815, P.N. 917 (Baker) Amends Tax Reform Code of 1971 to provide that the grantor of a trust who is treated as the owner of the trust pursuant to the Internal Revenue Code of 1986, shall be obligated to pay the appropriate Pennsylvania income taxes.
  • Senate Bill 838, P.N. 934 (Baker) Amends Title 42 (Judiciary and Judicial Procedures) to establish probation review conferences and limits on total confinement for technical violations.

Baker: Senate Judiciary Committee Advances Bills on Guardianship Law, Porch Pirating, Electronic Tracking Devices

HARRISBURG – The Senate Judiciary Committee, chaired by Sen. Lisa Baker (R-20), held a voting meeting today to advance three bills strengthening guardianship law, addressing the increase of package thefts and protecting individuals from the unauthorized use of electronic tracking devices.

When an adult of any age is deemed incapacitated by a court, a guardian may be appointed to become responsible for making certain decisions on their behalf, including financial, medical, and personal matters. Senate Bill 506, sponsored by Baker and Sen. Art Haywood (D-4), provides alternatives to appointed guardianships.

“Guardianship can be an essential and effective means for safeguarding the interests of people who suffer some incapacity, impairing their ability to make responsible decisions for themselves,” Baker said. “Some weaknesses in the system have become apparent, and some sad cases of financial exploitation make reform of the system imperative. This bill will ensure greater accountability in our state’s guardianship system.”

The committee also advanced Senate Bill 527, which addresses the growing rise in “porch pirating.” The bill creates a new crime, theft of mail, and implements specific penalties for repeat offenders.

“We must give constant attention to making sure that emerging forms of criminal activity can be prosecuted and penalized. With the growth in online shopping, the crime of porch pirating has quickly spread,” Baker said.

The final bill to be voted was Senate Bill 159, which will protect individuals from the unauthorized use of an electronic tracking device.

“Electronic tracking devices have long been useful tools in our criminal justice system. As technology has advanced, lower-cost products have been designed for other helpful personal purposes, but this comes with a downside,” Baker said. “Individuals with malicious intent can use these same convenience items for illegitimate purposes. State law must be updated to clearly define the offense so that lawbreakers can be charged.”

Watch the full committee meeting here.

CONTACT:
Cara Laudenslager

TOMORROW: Senate Judiciary Committee Holding Voting Meeting

HARRISBURG – The Senate Judiciary Committee, chaired by Sen. Lisa Baker (R-20), is holding a voting meeting on tomorrow, June 6, at 11:30 a.m., in Room 8E-B, East Wing of the Capitol Complex, Harrisburg.

The following bills will be considered:

  • Senate Bill 527,  P.N. 504 (Farry)Amends Title 18 (Crimes and Offenses) by adding and defining “theft of mail” as an offense and provides related grading of the offense.
  • Senate Bill 159,  P.N. 131 (Langerholc)Amends Title 18 (Crimes and Offenses) by adding “unauthorized use of an electronic tracking device” as an offense and providing for penalties.
  • Senate Bill 506,  P.N. 398 (Baker) – Amends Title 20 (Decedents, Estates and Fiduciaries) to update requirements related to alleged incapacitated persons and appointed guardians. 

Livestream will be available at pasenategop.com/watch/. 

CONTACT:
Cara Laudenslager

Meeting to consider SB 159, SB 506 and SB 527

Senate Judiciary Committee

Tuesday, June 6, 2023 | 11:30 a.m.

Room 8E-B, East Wing


Agenda

  • Senate Bill 527, N. 504 (Farry)Amends Title 18 (Crimes and Offenses) by adding “theft of mail” as an offense and providing for penalties.
    • Amendment A00790 (Baker)Makes technical changes and eliminates subsection (e) (relating to mandatory fingerprinting).
  • Senate Bill 159, N. 131 (Langerholc)Amends Title 18 (Crimes and Offenses) by adding “unauthorized use of an electronic tracking device” as an offense and providing for penalties.
    • Amendment A00043 (Langerholc)Makes technical changes and expands exceptions.
  • Senate Bill 506, N. 398 (Baker)Amends Title 20 (Decedents, Estates and Fiduciaries) to update requirements related to alleged incapacitated persons and appointed guardians. 
    • Amendment A00783 (Baker)Clarifies that license to practice law is not an “equivalent license or certification” for purposes of waiving guardian certification requirements.
    • Amendment A00789 (Baker) Updates review hearing procedures in §5512.2 of Title 20.