John E. Barley

 

 

Legislative Update

 

 

 

George B. Wolff 

 

The merry month of May might bring to mind school day memories of celebrations around the May pole, but here in Pennsylvania our attention has been focused on the results of the April primary poll—Pennsylvania’s scaled down version of Super Tuesday. Thankfully, all of the hoopla has died down with the outcome of the Pennsylvania primary declaring Senator Rodham-Clinton as the winner. With the primary now behind us, we can breathe a sigh of relief as the political frenzy moves on to other state primary contests. Enjoy the brief respite as there will be plenty of heavy breathing down your neck between the conclusion of the summer conventions and the General Election.

How Do You Spell Relief?
If you’re wondering when the gaming revenues would actually translate into property tax relief, your prayers have been answered. According to Pennsylvania’s budget secretary, Michael Masch, the state will provide nearly $800 million in statewide property tax relief this year for an annual statewide reduction of 10 percent averaging $169 per household across the state. Seniors who pay a large share of their income in property taxes or live in high property tax areas may receive additional relief and older families with incomes up to $35,000 are eligible for rebates of up to $650. Secretary Masch has notified the Secretary of Education of the income figures and the Department of Education will notify each school district by May of its specific level of tax relief. Homeowners will see the tax reduction itemized on their tax bills this summer with the amount of relief varying by school district. Just think. The savings will come just in time to buy the kids their school supplies and clothing for the beginning of the new school year in September!

And Another Tax Relief Proposal
None of us want to think about taxes so soon after the annual April 15th sacrifice but it’s an election year and tax reduction proposals can grab headlines and boost candidate interest. Marking the tax day occasion, several House Republican lawmakers held a press conference in Harrisburg to urge the Governor to cut $500 million from income, business and utility taxes in the FY 08/09 budget proposal including a cut in the personal income tax from 3.07 percent to 2.93 percent, a combination of business tax cuts, and a lowering of the gross receipts tax on electric bills from 5.9 percent to 2.95 percent over five years. Criticized by the Administration and House Democrats who argue that the Governor has proposed his own stimulus plan and that the Republican proposal would require cuts in services to the elderly and children as well as cuts in education, the Republicans retorted that their package can be paid for with the revenue surplus and through cost-cutting initiatives. They also want to limit the Governor’s spending proposals that require borrowing money for highway and bridge repairs and the clean-up of old industrial sites. It seems that temperatures are beginning to warm up inside the Capitol as well as outside with the advent of spring.

Putting a Muzzle on Gun Control
Maybe you’ve seen the bumper sticker that claims, “When guns are outlawed, only outlaws will have guns.” Such seemed to be the reaction from gun control opponents to last month’s veto of an amendment to gun control legislation that would have required gun owners to report a lost or stolen handgun within a three-day period of discovery. Penalties for non-compliance ranged from a summary offense to a felony charge for more than one violation. However, supporters of the gun control bill that passed the House insisted that this amendment was unconstitutional, failed to address straw purchasers and actually reduced some of the penalties for crimes committed with guns. They praised the passage of HB 1845 which calls for the creation of a registry for lost or stolen guns (with no criminal penalty for failure to report), increased penalties for possession of a firearm with altered serial numbers, penalties for lying on federal paperwork to purchase a gun, increased statute of limitations for straw purchase offenses, increased penalties for false reports of stolen guns (including a ban on future possession of a firearm for those who make false reports), an expedited process for an emergency license to carry a firearm for individuals in fear for their lives (i.e. individuals with protection from abuse orders), protection from unlawful seizure of firearms during an emergency, and exemptions for law enforcement agencies to purchase official duty guns without additional paperwork. House passage was unanimous and the bill now goes to the Senate for its scrutiny.

Detour Ahead
Although it’s been months since the summer 2007 passage of Act 44, the transportation funding bill that provides for increased tolls on the Pennsylvania Turnpike as well as the tolling of I-80 continues to experience roadblocks and detours making for a very bumpy ride. First there was the return of the joint petition filed by PennDOT and the Pennsylvania Turnpike Commission to the Federal Highway Administration for more information regarding their request for authorization to collect tolls on I-80. Add to that numerous public hearings that were held across the Commonwealth for citizens and businesses to voice their concerns and opposition to this idea while the PTC continued to move forward in its planning process for tolling I-80 is looking more uncertain. Another angle recently discussed in a public hearing was Public Private Partnerships (PPP or P3s) to assist in the financing and development of transportation infrastructure and to improve transportation management. The legislation enabling P3s would enable transportation development agreements, their terms and conditions and a selection process. However, this bill would preclude any leasing of the Pennsylvania Turnpike.

And in an about face, the Governor then announced that he will release information on the highest bid for leasing the turnpike and hopes that the General Assembly will approve the bid, thus scrapping all of the plans for tolling I-80 and eliminating the P3 potential (which precludes turnpike leasing agreements). He optimistically expects legislative approval for a leasing bid by mid-June. While he may get a lot of support from legislators whose districts would be affected by the I-80 tolling plan, others have expressed exasperation at being left on the side of the road during these negotiations. Stay tuned for the continuing saga of “As the road paves….”

Home Sweet Home—for sale
In an attempt to thwart the steady stream of increasing mortgage foreclosures due in large part to the subprime lending practices and adjustable mortgage rates, the House of Representatives passed a package of bills that would hopefully prevent future incidents of the banking practices that contributed to the current meltdown. With bi-partisan support, the bills now going to the Senate would require that all mortgage originators be licensed by the state. The Banking Department would be able to track these licenses and carry out any needed disciplinary actions and would require pre-license education for people involved in the direct sale of mortgages. The bills would also increase the oversight of state certified appraisers, would give lenders an early warning system for tracking loan delinquencies and trends in state and regional foreclosures, would increase the threshold for exclusions of pre-payment penalties on residential mortgage loans to $197,000, and would streamline the licensure process for mortgage brokers and bankers.

Second Guessing the Game Commission
The Pennsylvania Fish and Game Commission has been under fire lately, in part due to complaints from hunters and other outdoor enthusiasts. Bills have been introduced to revamp the term length of Commissioners and to redefine the duties and powers of enforcement officers. A lot of dissatisfaction still dogs the Commission’s deer management plan despite the many studies and surveys that were conducted. Pennsylvania hunters who are dissatisfied with changes to the wildlife management units and hunting regulations continue to challenge the Game Commission’s rulings but the solution lies in a balance that maintains a healthy and robust wildlife population in Pennsylvania forests with appropriate consideration given to farmers, homeowners and businesses who suffer the encroachment from wildlife to their crops and landscaping. A House Resolution passed recently directs the Legislative Budget and Finance Committee to conduct an evaluation and study of the Pennsylvania Game Commission’s current deer management program and practices.

KILE Scholarship Opportunities
High school graduates heading to college this fall have a scholarship opportunity through the Pennsylvania Livestock Association’s KILE scholarship program. Do not confuse this award with the KILE Beef Scholarship or the PA Farm Show Scholarship; it is a separate scholarship. The deadline for filing an application is June 15. Interested applicants can contact the Grange office for more information.