Bill Text: PA HR426 | 2009-2010 | Regular Session | Amended

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Bill Title: Requesting that the Attorney General and Auditor General investigate the Association of Community Organizations for Reform Now.

Spectrum: Partisan Bill (Republican 46-2)

Status: (Introduced - Dead) 2010-09-13 - Removed from table [HR426 Detail]

Download: Pennsylvania-2009-HR426-Amended.html

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PRIOR PRINTER'S NO. 2525 PRINTER'S NO. 2800
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No. 426 Session of2009
INTRODUCED BY BARRAR, BAKER, BENNINGHOFF, BOYD, CLYMER, D. COSTA, CREIGHTON, CUTLER, DENLINGER, EVERETT, FLECK, GABLER, GEIST, GINGRICH, GODSHALL, GROVE, HARRIS, HESS, KAUFFMAN, KNOWLES, KRIEGER, MILLER, MOUL, OBERLANDER, O'NEILL, PAYNE, PHILLIPS, QUINN, REED, REICHLEY, ROAE, STERN, STEVENSON, TALLMAN, TURZAI, VULAKOVICH, GRELL, TRUE, HICKERNELL, SWANGER, BROOKS, MARSICO, METCALFE, REESE, PEIFER, SONNEY AND FARRY, JULY 30, 2009
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 9, 2009
A RESOLUTION
Requesting that the Attorney General investigate the Association <--
of Community Organizations for Reform Now.
WHEREAS, The Association of Community Organizations for
Reform Now, commonly referred to as ACORN, purports to be a
nonprofit, nonpartisan social justice organization; and
WHEREAS, It has been widely reported that ACORN personnel are
being investigated in various jurisdictions for submitting
fraudulent voter registration applications; and
WHEREAS, Media reports indicate that ACORN is accused in some
jurisdictions of organizing ineligible voters to cast ballots;
and
WHEREAS, Voter fraud disenfranchises legally eligible
registered voters, and fair elections are vital to a healthy
democratically elected system of government; and
WHEREAS, ACORN is the subject of a cease and desist order
from the Department of State and cannot solicit charitable
contributions in this Commonwealth; and
WHEREAS, ACORN has initiated a Home Staying campaign, which
organizes individuals to trespass on foreclosed property, in
several cities across the United States, and the organization
plans to initiate a program in Pittsburgh; and
WHEREAS, It is unclear whether ACORN has engaged in conduct
which is proscribed by Pennsylvania law; and
WHEREAS, The significant questions which have been raised
need to be pursued by an entity with the resources to conduct
Statewide investigations; therefore be it
RESOLVED, That the House of Representatives request that the
Attorney General investigate ACORN to determine whether this
organization is in compliance with Pennsylvania law.
Requesting that the Attorney General and Auditor General <--
investigate the Association of Community Organizations for
Reform Now.
WHEREAS, The Association of Community Organizations for
Reform Now, commonly referred to as ACORN, purports to be a
nonprofit, nonpartisan social justice organization; and
WHEREAS, For nearly 40 years, ACORN has given voice to
African-American, Latino and other minority and working-class
communities by encouraging members therein to become
economically self-sufficient and involved in the legislative and
political processes; and
WHEREAS, ACORN's priorities have included better housing and
wages for the poor, more community development investment from
banks and governments, better public schools and other social
justice issues, including quality, affordable health care for
every American; and
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WHEREAS, ACORN pursues its goals through demonstration,
negotiation, lobbying for legislation and voter participation;
and
WHEREAS, Among its many activities, ACORN provides assistance
to low-income taxpayers through the IRS Volunteer Income Tax
Assistance (VITA) Program; and
WHEREAS, The IRS has long supported the offering of free
taxpayer services through organizations such as ACORN and
volunteers working through various organizations via the VITA
Program prepared 2.8 million tax returns, or 2% of the 124
million individual returns filed during the 2009 tax season, and
helped 42,000 families claim more than $46 million in tax
refunds, including more than $28 million in earned income and
child tax credits; and
WHEREAS, ACORN investigates complaints against companies
accused of predatory lending practices, works to support strict
state laws against predatory practices, organizes against
foreclosure rescue scams and steers borrowers toward loan
counseling; and
WHEREAS, Following a three-year campaign, Household
International, one of the largest subprime lenders in this
nation, and ACORN announced on November 25, 2003, a proposed
settlement of a 2002 national class-action lawsuit brought by
ACORN; and
WHEREAS, The settlement created a $72 million foreclosure
avoidance program to provide relief to household borrowers who
are at risk of losing their homes; and
WHEREAS, The settlement came on the heels of an earlier $484
million settlement between households, Attorneys General and
bank regulators from all 50 of the U.S. states; and
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WHEREAS, ACORN Housing Corporation has assisted more than
110,000 families to become homeowners and provided help to more
than 50,000 families facing foreclosure; and
WHEREAS, Although it is ACORN policy to flag questionable
voter registration applications prior to submitting them to
election officials, it has been widely reported that ACORN
personnel are being investigated in various jurisdictions for
submitting fraudulent voter registration applications; and
WHEREAS, Voter fraud and intimidation disenfranchises
eligible registered voters, and free and fair elections are
paramount in determining the authority to govern, which should
be based solely on the will of the people as expressed in such
elections; and
WHEREAS, The Secretary of the Commonwealth called a recent
lawsuit concerning voter fraud allegations that was won by ACORN
"a frivolous attempt to undermine voter confidence"; and
WHEREAS, Although ACORN is the subject of a cease and desist
order from the Department of State and cannot solicit charitable
contributions in this Commonwealth because the organization has
not properly registered as a nonprofit in the Commonwealth, the
organization has previously received State funds; and
WHEREAS, The questions which have been raised concerning the
allegations of impropriety by ACORN workers and the use of State
funds by the organization are best pursued by an entity with the
resources to conduct Statewide investigations; and
WHEREAS, ACORN and the nonprofit organizations related to it
have received significant funding from the Commonwealth,
including grant funding from the Department of Community and
Economic Development and the Pennsylvania Housing Finance
Agency; and
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WHEREAS, It is important to assure the taxpayers of this
Commonwealth that tax dollars have been expended for their
intended purposes; and
WHEREAS, For more than three centuries, Pennsylvania has
ensured its self-government through separation of powers and a
system of checks and balances; and
WHEREAS, In 1978, The Pennsylvania legislature created an
elected, independent Attorney General's Office, thereby making
the Attorney General an independent Executive branch officer
with sole discretion to decide whether to pursue investigations;
and
WHEREAS, Neither the other members of the executive branch
nor members of the judicial or legislative branch play a
determining role in the Attorney General's decision; therefore
be it
RESOLVED, That the House of Representatives is mindful that
it is solely the decision of the Attorney General to launch
investigations; and be it further
RESOLVED, That the House of Representatives request that the
Attorney General investigate the Association of Community
Organizations for Reform Now to determine whether this
organization is in compliance with Pennsylvania law; and be it
further
RESOLVED, That the Auditor General be requested to determine
whether funds expended by this Commonwealth to fund programs of
ACORN and its related nonprofit organizations were utilized
appropriately and that this organization has accounted for such
funds or performed audits required under Pennsylvania law.
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