John E. Barley

 

 

Legislative Update

 

 

 

George B. Wolff 

 

If April showers bring May flowers, do May flowers bring June bugs? Time will tell but one thing is certain – there will be plenty of buzz at the Capitol in the coming months as the swarm of lawmakers, lobbyists, and constituents jockey for position during the coming budget season.

Organic Farming Gains Ground
After a series of meetings with staff from the Rodale Institute in Berks County, Rep. David Kessler (D-Berks) has introduced legislation in the House to help farmers who want to convert to organic agriculture through a program that would reimburse producers for their transition costs and losses from converting conventional acreage to organic farming. Touting the advantages of no-till farming in reducing water runoff, aiding in carbon sequestration, and producing higher yields under drought conditions, Kessler cited examples of farmers who are currently reaping the benefits of organic farming during a press conference at the introduction of his bill. While he did indicate that crop yield may be reduced during the first few years of the transition as the soil returns to its natural state, he affirmed that the farming practice would yield the same or better returns in subsequent growing seasons and would also boost efforts to preserve farmland in fast-growing parts of the Commonwealth. Kessler plans a hearing on the bill in Berks County on April 10.

Taming the Game Commission
Legislation introduced last year by Rep. Dan Surra (D-Elk/Clearfield) to reduce the term of office for Game Commissioners has eluded capture in the House (passed last June) and is stalking the Senate. Currently, commissioners serve eight-year terms and are appointed by the Governor. Surra’s legislation would reduce those terms to four years with the maximum number of terms set at two. Complaints from sportsmen that the Game Commission is out of touch and that the lengthy eight-year terms discourage the willingness of others to serve on this uncompensated board (except for travel expenses), the proposed changes should alleviate some of these concerns. House Ag Chairman Mike Hanna also introduced legislation addressing the makeup of the Game Commission, recommending that the eight commissioners not be current or former employees or deputy conservation officers. Additionally, this bill directs the commissioners to be guided by “best management practices using scientific analysis supported by verifiable data with equal regard for the social, economic and recreational impacts of their decisions.” Ouch! It sounds like there are many hunters who are unhappy about the PGC’s deer management plans.

State Police Funding
The drive to shift the $500 million annual funding allotment for the Pennsylvania State Police from the Motor License Funds is underway. With bi-partisan co-sponsorship from Rep. Keith McCall (D-Carbon) and Rep. Dave Argall (R-Berks), House Bill 2309 proposes a decrease in State Police expenditures incrementally by $50 million annually through 2018 and would separately establish a State Police Fund supported by General Fund revenues. This bill would redirect much-needed funds to the Department of Transportation for transportation needs, particularly highway and bridge construction and repairs. Over the course of the ten-year phaseout, an additional $2.75 billion could be spent accordingly and a steady $500 million would be dedicated yearly to PennDOT going forward from 2018. This important issue is one of the Grange’s goals for 2008 and deserves our support. We anticipate hearings on this bill in the House Transportation Committee in the near future.

The Wolf is at the Door
Predatory lending is a term that successfully strikes fear into the hearts of potential borrowers and the defaulting of housing mortgages over the last several months has certainly caught the attention of all of us. Add to that the near collapse of the Bear Stearns investment firm and it’s no wonder that consumers and potential home buyers are jittery. But take heart! The Senate has responded by introducing and quickly passing a package of six bills that would make adjustments to banking and other codes to target predatory lending and questionable mortgage lending practices. It is now up to the House to take further action. A House resolution introduced by Rep. Harold James (D-Philadelphia) addresses this issue on a federal level by memorializing Congress to take emergency action to protect homeowners and banks and enact a Homeowners and Banks Protection Act. The resolution proposes action to freeze all existing home mortgages for a period of time for restructuring and adjusting of mortgage and interest rates, declaring a moratorium on all home foreclosures during this transitional period with “rental” payments being made and factored toward new mortgages, and authorizing governors to assume the administrative responsibility for implementing the program. Action was deferred on this resolution until April 1st as the House Intergovernmental Affairs Committee wanted more detail from the resolution’s sponsor before moving it.

Over-Order Premium Increase
Last month’s meeting of the PA Milk Marketing Board yielded a decision to increase the Class I over-order premium by 80 cents per hundredweight to $2.15/cwt from April 1 through December 31, 2008. Testimony provided by producers, dealers, and farm organizations, including the Grange, relating the impact of rising feed, fertilizer and fuel costs in the production and transportation of milk convinced the PMMB of the need for higher prices to protect this vital industry. Additionally, the PMMB held a hearing on the expansion of the Pennsylvania’s over-order premium to milk produced and processed in Pennsylvania but sold in neighboring states that have their own over-order premium. PMMB has agreed to look into this possibility. Thanks to Art Zug for his testimony.

Latest Healthcare Panacea
In late March the House amended and passed healthcare legislation aimed at expanding coverage to increase access to healthcare for thousands of Pennsylvania residents.  Senate Bill 1137 was amended in the House by Rep. Todd Eachus (D-Luzerne) by striking out the Senate language and proposing a new healthcare plan titled Pennsylvania Access to Basic Care (PA ABC). The new comprehensive benefit plan includes inpatient and outpatient care, emergency care to include dental, maternity care, skilled nursing, home health and hospice, chronic care management and behavioral healthcare services. Individuals from 19-64 years of age, Commonwealth residents for at least 90 days, with an income below 300% of the Federal poverty level and uninsured for the past 180 days will qualify for the plan.  Employers with 2-50 employees who do not and have not offered insurance for the past 180 days to their employees working 20 or more hours per week can offer this program to their employees as long as they comply with a few requirements.  Some employers can also qualify for a Continuing Access with Relief for Employers (CARE) grant to offer insurance to their employees. Although funding for this plan was not spelled out in the bill, House floor debate clarified funding it through money currently utilized for the AdultBasic Program, funding from the Healthcare Provider Retention Account, individual participants' payments, Federal funding and other sources. Additionally, this plan extends the MCARE Abatement through the year 2017. This legislation is now headed back to the Senate for consideration on the House’s amendments to the Senate’s bill.

Additionally, the House Health and Human Services Committee held a hearing on House Bill 1660 with a commitment to hold more hearings and continue discussions on this legislation. HB 1660, introduced by Rep. Kathy Manderino (D-Philadelphia) establishes the Family and Business Healthcare Security Act for providing a statewide comprehensive healthcare system.  It creates a PA Healthcare Board to develop standard benefits and act as the single-payer administrator for all healthcare claims. Under this plan, one would have unlimited healthcare coverage with no cap, would be able to see any doctor or dentist, get any prescription drug needed, and would not need a referral or co-pay. Sounds like a medical insurance tooth fairy! Funding for this plan would come from Federal healthcare programs, dedicated funding from the General Assembly, funds collected from a 10% gross payroll tax and funds from the Individual Wellness Tax at 3% of personal earned, passive, pension and investment income.  If trying to figure out where you stand on all of these proposals (and more to come) gives you a headache, take two aspirins and call me in the morning!

Landowner Liability Revisited
Legislation introduced last fall by Rep. Sam Rohrer (R-Berks) to expand the scope of limited liability that was previously amended in the 2005/06 session is scheduled for a hearing at the Patton Volunteer Fire Company at the end of this month. If approved, limited liability for landowners would be expanded to encompass recreational use involving snowmobiling, all-terrain vehicles and motorcycle riding. The bill also awards attorney fees and direct legal costs to an owner, lessee or manager of said property who is found not to be liable for injuries to persons or property pursuant to this act. This bill is still in the infancy stages and will be monitored.

For the Birds
If you’ve often wondered if Harrisburg isn’t going to the birds, you may be right. On the lighter side of Capitol business is the opportunity for viewing the Peregrine falcons who have taken up residence on the ledge of the Rachel Carson Office Building, home to the Department of Environmental Protection offices, through computer access. DEP cameras allow round-the-clock video streaming of the falcons and viewing has attracted audiences from around the world. The current falcon couple have nested there since 2005 and the first of this year’s clutch of falcon eggs is expected to arrive around March 25. To follow the action, go to DEP’s website at www.depweb.state.pa.us and use the keyword: "Falcons".