November 30, 2011

Auditor General: Liquor Privatization Bad Deal For Taxpayers, Consumers

Auditor General Jack Wagner Wednesday said he could not support proposed legislation to privatize the state’s liquor stores because it is a bad deal for both taxpayers and consumers.
            Wagner said that the Department of the Auditor General’s analysis concluded that privatization would lead to higher prices on many popular wine and spirits and would fall short of collecting the $470 million the Pennsylvania Liquor Control Board transfers to the state’s General Fund every year.
            Wagner testified against privatization when he appeared before the House Liquor Control Committee in Philadelphia today.
            “In certain instances I support privatization because I believe it can be beneficial in appropriate situations,” Wagner said. “However, I oppose privatizing the state’s liquor stores because the negatives far outweigh any potential benefits.”
            Wagner said the proposal is a bad deal for taxpayers because in this depressed economy there was no promise the sale of wholesale and retail licenses would generate the almost $2 billion that has been suggested by proponents of the legislation.
            Also, once the wholesale licenses are auctioned off, the reliable annual income generated by state control of retail liquor sales will be far from guaranteed because the state would no longer collect the taxes directly.
            Privatization would be bad for consumers because the proposed tax on wine would be the highest in the nation and the 11th highest tax on spirits, inevitably leading to higher prices, Wagner said. In addition, the selection of wine and spirits available to consumers will greatly decrease under privatization.
            Each PLCB store carries nearly 2,500 different products, Wagner said. Costco, which was recently named Market Watch’s 2011 Retailer of the Year, carries about 140 different wines and 32 different spirits.
            Wagner said that, aside from the fiscal impact, he was greatly concerned that privatization would result in less convenience for people in the state’s rural areas, requiring customers to drive long distances to buy wine and spirits.
            Wagner suggested that the General Assembly could greatly improve customer convenience by changing the Liquor Code to allow all state liquor stores to be open seven days per week, 12 hours per day, which would eliminate any rationale for privatization.

Wednesday NewsClips

Pileggi May Be Plotting To Take On Casey
Pileggi Mulling U.S. Senate Run
Pileggi Says He's Considering Running Against Casey
Rafferty To Announce Candidacy For Attorney General
Editorial: Corbett Can Save Transit, Roads, Bridges
States, PA Struggle To Recover Revenues
Two More Lawmakers Forgo COLA
LCB Quietly Allows Wine, Liquor Shipments To Homes
For $14, LCB Will Ship Right To Your Doorstep
House Hearing On Liquor Privatization In Philadelphia
Piccola: If Voucher Bill Isn't Passed In 2 Weeks, It Will Be Ignored
Penn State Records Off Limits To Public
Toomey: Ban Earmarks Forever
AG Appeals Decision In Lawmaker DUI Case
Commonwealth Court Cancels Hearing On Harrisburg Takeover
Click Here for today's Environmental NewsClips

November 28, 2011

Rep. Jennifer Mann Will Not Seek Reelection In 2012

Rep. Jennifer L. Mann (D-Lehigh) announced Monday she will not seek reelection in 2012 for an eighth term in the House.
           “Serving the people of my home town in the General Assembly has been an honor and privilege. However, the time has come for me to move on to new challenges and a new path,” Rep. Mann said. “I never intended the House of Representatives to be my career, but I am eternally grateful to the people of Allentown for putting their faith and confidence in me throughout my tenure.
           “I am proud of my record and accomplishments over the last 13 years. Building Coca-Cola Park and watching the most successful AAA franchise play their games in Allentown has been tremendous for our region. Our downtown has made great strides including the expansion of PPL and the Allentown Art Museum, as well as the relocation of the Butz Corporation. We have increased state support for the Allentown School District by nearly 300 percent while passing new laws that have dramatically increased protection for our children. 
           “There’s still much work to be done, and I will continue to be a strong advocate for the city of Allentown and the Allentown School District. I’m looking forward to helping the city make the downtown arena project a success and working to improve our school system in any way we can.
           “I want to thank those who’ve supported me over the years for their trust and even thank those who opposed me for helping me to keep working as hard as I could. I look forward to working with you all to continue to make Allentown a better place for all of us.”
           Rep. Mann was first elected to the House in 1998 and currently serves as the House Democratic Caucus secretary. She is one of 133 women to serve as a state representative and only the third woman to serve in Democratic leadership in the 329-year history of the General Assembly.

Monday NewsClips

Lawmakers Unlikely To Repeal Automatic Pay Raise Law
What Do Lawmakers Do With Their Pay Raises?
State Has Its Eye On Internet Sales Tax
State Would Pay $56K For Each Year Of Incarceration
Freed By DNA Evidence, Men Find Justice Can Be Fickle
State Opting Not To Put Ads On Electronic Signs
Expanding Casinos Face Lack Of Dealers
PA Should Ban Sports Gambling
Editorial: NJ Doubles Down PA On Gambling Expansion
Column: Another PA Commission Study Whose Outcome Is Predictable
Editorial: PA Homeland Security Office Must Be Monitored
Assisted Living Slow To Gain Acceptance
Analysis: Obama Campaign Will Need PA
Click Here for today's Environmental NewsClips

November 25, 2011

Nov. 28 PA Environment Digest Now Available

Nov. 28 PA Environment Digest now available. Click Here to print this Digest.

Analysis: Should Taxpayers Spend $75 M A Year To Subsidize Zack & Miri Make A Porno?

There is no doubt the public and therefore politicians are in a "no tax increase,""cut the size of government" mood these days. They want every dollar spent to go to a valid public purpose and to create some lasting public value.
So, many taxpayers are surprised when they learn $75 million a year of their tax money has gone to support the production of movies like Zack and Miri Make a Porno ($5.7 million in 2008), has subsidized Danzel Washington in Unstoppable ($20.8 million) and supports TV productions like the QVC home shopping network ($3.7 million).
Since the PA Film Production Tax Credit Program was adopted in 2007 at the urging of Gov. Rendell, some $242.5 million in taxpayer dollars have gone to subsidize productions like Russell Crowe in The Next Three Days ($7.3 million), Sigourney Weaver and Twilight's Laylor Lautner in Abduction ($8.9 million) and the Restaurant Impossible TV show on the Food Network ($1.3 million).

Friday NewsClips

Corbett: Charges Delayed Against Sandusky To Strengthen Case
Paterno's Cancer Poses Legal Obstacle
PA Must Repay Feds $3 Billion For Jobless Aid
Op-Ed: DPW Is Strengthening Its Fiscal Controls
Column: Questioning Redrawn District Boundaries
Editorial: Corbett Steps Into UPMC-Highmark Split
In God We Trust License Bill Set For Senate Action
Court Ruling Clears Way For Harrisburg Takeover
Click Here for today's Environmental NewsClips

November 21, 2011

Independent Fiscal Office Launches Website, Seeking Staff

The newly-created Independent Fiscal Office launched its website Monday with information about its role in the budget process.
            The IFO is a nonpartisan, independent agency created to provide objective and timely analysis to Commonwealth taxpayers and the General Assembly regarding a wide range of economic and budgetary issues.
            “The office is very fortunate to have as its first staff members two individuals with extensive experience in a wide range of budget issues,” said IFO Director Matthew Knittel.  “These staff will allow the office to fulfill its mandatory budget duties in a timely fashion.”
            Mark Ryan comes to the IFO with significant experience in tax and fiscal policy, having served as the executive director of both the Pennsylvania Senate and House Finance Committees. He also supervised revenue forecasting for what is now the Bureau of Research in the Pennsylvania Department of Revenue. Mr. Ryan holds a M.S. in Public Management and Policy from the Heinz College at Carnegie Mellon University.
            Jennifer Boger has extensive experience analyzing state agency budgets, particularly in welfare, corrections, insurance and aging.   Most recently she served as a budget advisor to the Pennsylvania Senate Minority Leader, and prior to that she was a long time budget analyst for the Senate Appropriations Committee.   Ms. Boger holds a B.S. in Public Policy and a M.P.A. from Pennsylvania State University.
            Currently, the office is in the process of seeking individuals to fill its other staff positions.
            Once fully staffed and operational, the office plans to release regular monthly and/or quarterly reports on revenues, economic trends at both the national and state level, as well as selected commentary.
            The office also has several mandatory duties. These include:
-- Prepare preliminary (due by May 1) and final (due by June 15) revenue estimates for the next fiscal year;
-- Provide an annual assessment of the state's current fiscal condition and a projection of its fiscal condition for the subsequent five years;
-- Organize a revenue estimating conference to discuss the Pennsylvania economy, the national economy and the impact of any economic trends on revenue performance for the budget year and subsequent fiscal year by January 31;
-- Develop performance measures for executive-level programs and departments;
-- Provide an analysis, including economic impact, of all tax and revenue proposals submitted by the Governor or the Office of the Budget;
-- Study and analyze the existing sales and use tax law and propose recommendations for change; and
-- Study and analyze the impact of shared risk pension contributions.
            For more information, visit the Independent Fiscal Office website.

DPW Creates Office Of Program Integrity To Curb Fraud, Waste

The Department of Public Welfare has created an Office of Program Integrity to better coordinate efforts to stop welfare fraud, Secretary of Public Welfare Gary D. Alexander announced Monday.
            "Preventing waste, fraud and abuse of taxpayer dollars is a top priority, and it is time for a culture change to instill and infuse integrity into the department's programs and services," said Alexander. "We have an obligation to the truly needy as well as to taxpayers. There is simply no room for any waste, fraud or abuse."
            Since January, the department has reviewed all of its processes in order to enforce and tighten rules and regulations. It identified new opportunities for more efficient management reporting and deployed analytic tools to prevent wasteful and fraudulent payments across all welfare programs.
            As a result of this work, more than 100,000 ineligible welfare cases – many involving clients who died or moved out of state -- have been eliminated from the rolls, saving taxpayers more than $34 million.
            Created using existing staff and resources, the new Office of Program Integrity will consolidate all department-wide efforts into one office, integrating fraud-detection efforts, implementing fraud prevention initiatives and ensuring compliance, efficiency, and accountability.
            "We are confident that the new office and its initiatives will not only help Pennsylvania, but also serve as a national model of best practices," said Alexander.
            The Office of Program Integrity is directly linked to the Office of Inspector General, the agency responsible for investigating welfare fraud.
            "The Office of Inspector General is glad to be a partner in this vital effort, recognizing that fraud prevention is as equally important to detection and prosecution," said Inspector General Kenya Mann Faulkner. "By taking steps to stop fraud before it starts, we can protect taxpayers' interests and ensure that scarce public resources remain available to eligible Pennsylvanians in need."

Monday NewsClips

Governor's Actions In Penn State Scandal Strong And Decisive
Castille: Hear Gaming Board's Appeal
Senate Health Plan Changes, Savings Eyed
Montgomery County In For Some Changes
Politics Mix With Education Reforms
Legislator Seeks Relief For Economically Troubled School Districts
Op-Ed: Legal Aid, The Need Is There, So Should The Funding
Editorial: Harrisburg City Audit Should Clear Up Questions
Click Here for today's Environmental NewsClips

November 18, 2011

Nov. 21 PA Environment Digest Now Available

Nov. 21 PA Environment Digest now available.  Click Here to print this Digest.

Senate, House Send Each Other Marcellus Shale Drilling Fee Bills, Now What?

While a series of competing press events this week for and against school vouchers echoed in the Capitol Rotunda, the Senate and House spent most of their time debating competing proposals for a Marcellus Shale drilling fee and additional environmental protection measures.
            The Senate Tuesday voted 29 to 20 to pass Senate Bill 1100 (Scarnati-R-Jefferson), which includes a uniform, statewide Marcellus Shale drilling fee that would raise $154.6 million in 2012 and a laundry list of additional environmental protection measures.
            House Republicans Thursday voted 107 to 76 to pass their version of a Marcellus Shale bill-- House Bill 1950 (Ellis-R-Butler)-- which includes a county-optional drilling fee and a dozen provisions strengthening environmental protection measures on Marcellus Shale drilling.
            Even though both bills were passed almost exclusively by Republicans in both the Senate and House, they are significantly different in fundamental ways, like on the drilling fee, but in some cases the environmental protection provisions overlap.
            The Gov. Corbett and members of the Senate and House have all said they want to pass a final bill by the time the General Assembly adjourns for the year.

House Adds Three Voting Days In December

The House added three voting days in December.  Here's the complete, revised schedule--
Senate
December 5, 6, 7, 12, 13, 14
2012 -----------------------------
January 3, 17, 18, 23, 24, 25
February 6, 7, 8
Governor's Budget Address: February 7
Budget Hearings: Feb. 13, 14, 15, 16, 21, 22, 23, 27, 28, 29 and March 1
March 5, 6, 7, 12, 13, 14, 26, 27, 28
April  2, 3, 30
May 1, 2, 7, 8, 9, 21, 22, 23
June 4, 5, 6, 11, 12, 13, 18, 19, 20, 25, 26, 27, 28, 29
House
November (Voting Days Canceled) 21, 22, 23
December 5, 6, 7, 12, 13, 14, (New) 15, 19, 20
2012 -----------------------------
January 3 (non-voting), 17, 18, 23, 24, 25
February 6, 7, 8, 13, 14, 15
Budget Hearings: Feb. 21, 22, 23, 24, 27, 28, 29, March 1, 2, 5, 6, 7, 8, 9
March 12, 13, 14, 26, 27, 28
April 2, 3, 4, 30
May 1, 2, 7, 8, 9, 21, 22, 23
June 4, 5, 6, 11, 12, 13, 18, 19, 20, 21, 22, 25, 26, 27, 28, 29

2012 Session Schedule, Budget Hearings

Here is the remaining session schedule for 2011 and the now complete Senate and House schedule through June 2012--
Senate
December 5, 6, 7, 12, 13, 14
2012 -----------------------------
January 3, 17, 18, 23, 24, 25
February 6, 7, 8
Governor's Budget Address: February 7
Budget Hearings: Feb. 13, 14, 15, 16, 21, 22, 23, 27, 28, 29 and March 1
March 5, 6, 7, 12, 13, 14, 26, 27, 28
April  2, 3, 30
May 1, 2, 7, 8, 9, 21, 22, 23
June 4, 5, 6, 11, 12, 13, 18, 19, 20, 25, 26, 27, 28, 29
House
November (Voting Days Canceled) 21, 22, 23
December 5, 6, 7, 12, 13, 14
2012 -----------------------------
January 3 (non-voting), 17, 18, 23, 24, 25
February 6, 7, 8, 13, 14, 15
Budget Hearings: Feb. 21, 22, 23, 24, 27, 28, 29, March 1, 2, 5, 6, 7, 8, 9
March 12, 13, 14, 26, 27, 28
April 2, 3, 4, 30,
May 1, 2, 7, 8, 9, 21, 22, 23
June 4, 5, 6, 11, 12, 13, 18, 19, 20, 21, 22, 25, 26, 27, 28, 29

Friday NewsClips

Crises Play To Corbett's Strength
Comments Pour In Even Before Redistricting Hearing
Hearing On Redistricting Proposal Set Next Week
Editorial: Redistricting Needs To Be More Practical
Shock Waves From Scandal Continue To Spread
State Lawmaker Calls For Federal Probe On Penn State Scandal
Bills To Apply Disclosure Law To Penn State
Toomey Has Federal Deficit Plan
Illegal Immigration Forum To Be Held At Wilkes University
PA Unemployment Rate Declines To 8.1 Percent
Op-Ed: Harrisburg's Plight Shows Why Private Debt System Isn't Working
House Passes Its Version Of Marcellus Shale Rules, Fees
Click Here for today's Environmental NewsClips

November 17, 2011

House Cancels Voting Days Next Week

Speaker Sam Smith just announced the House is canceling voting session for next week.  The House will return to session December 5.  The Speaker said the House will add voting days in December.  Details will be announced.
As a result of the announcement, there was a flurry of announcements canceling committee meetings next week in response to the schedule change.

House Republicans Send Optional, County-Adopted Drilling Fee Bill To Senate

After more than 15 hours of debate over three days, House Republicans voted 107 to 76 to pass their version of a Marcellus Shale bill-- House Bill 1950 (Ellis-R-Butler)-- which includes an optional, county-adopted drilling fee, transfers from DCNR's Oil and Gas Fund and provisions strengthening environmental protection measures on Marcellus Shale drilling.
            This follows action by the Senate Tuesday to pass Senate Bill 1100 (Scarnati-R-Jefferson), their version of Marcellus legislation which includes a uniform, statewide Marcellus Shale drilling fee  and a slightly different list of additional environmental protection measures.
            Even though both bills were passed almost exclusively by Republicans in both the Senate and House, they are significantly different in fundamental ways, like on the drilling fee, but in many cases the environmental protection provisions overlap.
            The Gov. Corbett and members of the Senate and House have all said they want to pass a final bill by the time the General Assembly adjourns for the year on December 14.
            Amendments Added
            After considering 51 of the more than 100 amendments proposed to the bill, House Republicans cut off debate and more amendments by making a motion for the previous question and voting 105 to 88 to move the bill to Second Consideration.
            The motion ended the ability of members to offer amendments to the bill without suspending the rules.  Suspending the rules requires a two-thirds vote.

            While House Republicans defeated most of the amendments offered to the bill or declared them unconstitutional before a substantive vote, several were approved, including a change to the provision wanted by Gov. Corbett to preempt local regulation of drilling as a land use.
            Local Regulation
            Rep. Matt Baker (R-Tioga) offered a gut and replace amendment that included only one change in the language.  It replaced the blanket preemption of local regulation of drilling sought by Gov. Corbett with an approach used by the Senate in Senate Bill 1100 (Scarnati-R-Jefferson) loosely based on the ACRE Program which offers a process to challenge local ordinances limiting agricultural operations.
            The language would allow drilling companies to request the Attorney General to review local ordinances to determine whether the ordinance allows for the reasonable development of oil and gas mineral rights.
            Optional Drilling Fee
            No changes were made to the optional county-adopted drilling fee advocated by Gov. Corbett and included in House Bill 1950.  
            If any counties adopt the drilling fee, money raised would be split between the local communities in which the fee is enacted and the Commonwealth, with 25 percent of the revenues going to the state and 75 percent remaining at the local level. 
            Of the state’s share, 70 percent would be used to fund road and bridge repairs related to well impacts. The remaining 30 percent would be split up among environmental programs, health initiatives and state emergency response activities. 
            Of the 75 percent of revenues that would go to the local governments, 36 percent would go to the county in which the well is located, 37 percent would go to the municipality in which the well is located, and 27 percent would be distributed to all municipalities within the host county using a formula based on miles of highway and population.
            Oil & Gas Fund Transfers
            Another provision in House Bill 1950 would transfer funds out of DCNR's Oil and Gas Fund to provide the Environmental Stewardship (Growing Greener) Fund with $1.2 billion over 10 years, but it is the version of Growing Greener as expanded by Gov. Rendell to include alternative energy and economic development projects like parking garages.
            These are not the narrowly focused priorities established in the original Growing Greener Program proposed by Gov. Ridge-- mine reclamation, watershed restoration, farmland preservation and wastewater and drinking water projects.
            Transfers would also be used to fund county conservation districts, the Hazardous Sites Cleanup Fund and to increase in-lieu of tax payments for state owned land.
            Other Amendments
            Three amendments by Rep. Bud George (D-Clearfield), Minority Chair of the House Environmental Resources and Energy Committee, which further provides for affect of pre-drilling surveys, another giving residents living between 2,500 to 5,500 feet of a well the right to a pre-drilling survey and a change removing expedited permit reviews through private third-party consultants.
            Amendments were added by Rep. John Mahr (R-Allegheny) to make certain reports required by the Oil and Gas Act public records, requiring the soundproofing of compressor stations within 2,500 feet of a dwelling, requiring the drilling fee to be paid whether a Marcellus well is producing or not and several technical amendments.
            Another amendment by Rep. Mahr to increase the bonding amount for the reconstruction of roads from $6,000 to $250,000 per mile was defeated 151 to 42.
            Amendments by Rep. Tina Pickett (R-Bradford) requiring further notification of landowners and water companies on pre-drilling surveys and two amendments offered by Rep. Dan Moul (R-Adams) creating a $5 million and a $7.5 million natural gas vehicle conversion grant and loan programs funded by the DCNR Oil and Gas Fund for certain transit systems were also adopted.
            An amendment offered by Rep. Greg Vitali (D-Delaware) to require DEP to adopt protocols for air contamination emissions was also adopted.
            Summary Of Bill
            An updated summary and fiscal note on the bill by the House Republican Appropriations Committee is available online.  A House Democratic staff summary of the bill is also available.
            A summary of the county-optional drilling fee in House Bill 1950 is available online (fee only).  The environmental protection provisions in House Bill 1950 mirror the measures the Governor announced in October.
            Reaction (Updated)
            “This is about private sector job growth and protecting our citizens and our environment, pure and simple,” said House Majority Leader Mike Turzai (R-Allegheny). “The natural gas industry is the fastest-growing industry in the Commonwealth.  The legislation passed today is a balanced approach to protecting Pennsylvania’s residents and resources and continuing the growth of this job-creating industry.” 
            Gov. Corbett thanked members of the House for passing House Bill 1950 saying the bill "promotes job growth, protects the environmental, includes a responsible impact fee and incorporates many of the recommendations of the Marcellus Shale Advisory Commission.
            "I look forward to continuing to work with the members of the General Assembly to enact a fair and comprehensive Marcellus Shale package this session," Corbett said.
            "Essentially, this bill ensures strong and consistent environmental standards across the state that includes revisions to the Oil and Gas Act through additional well bonding, setbacks, drinking water protections, permit reviews and new standards relating to lighting, noise, odor and security," said Rep. Matt Baker (R-Tioga). "With my amendment, we substantially raised the bar of what we expect of natural gas operators. Pennsylvania has a long and distinguished history of regulating the oil and gas industry. The standards now outlined in House Bill 1950 build upon that history and will help make Pennsylvania a national leader in energy policy, production of natural gas and job creation."
            "House Bill 1950 contains significant changes in setbacks and other environmental safeguards," said Rep. Garth Everett (R-Lycoming). "The local government restrictions have been substantially modified and this bill contains funding for environmental programs like Growing Greener and the Environmental Stewardship Fund, in addition to requiring a comprehensive study of the cumulative effects on air quality. I am pleased that this bill keeps the majority of the impact fee in local areas such as ours, rather than having it turn into a state general fund money grab."
            "While I am unhappy that the House chose not to consider my legislation that would dedicate funds from Marcellus Shale drilling to education and programs to help those with special needs, this bill remains a solid first step," said Rep. Thomas Murt (R-Montgomery). "I'm pleased that House Bill 1950 gives the Environmental Stewardship Fund a dedicated source of funding. This program has been key to saving park land and open space.
            "While this particular impact fee was not my first choice, it marks a very significant step forward in my ongoing effort to ensure the natural gas industry is held responsible and accountable for any impacts it may have on both drilling communities and the environment statewide," said Rep. Kate Harper (R-Montgomery). "The highlight of the legislation by far is that it provides a dedicated, reliable, long-term source of funding for the Environmental Stewardship Fund, also known as Growing Greener.
           "As the architect of the Growing Greener II program, I have seen the vast, positive difference that $625 million in funding has made for farmland preservation, open space, parks and recreation, acid mine drainage cleanup and more across the state. Continued funding for this program is absolutely vital to the protection of our environment for future generations."
            "This Corbett-Republican tax bill does not force these huge, out-of-state drilling companies to pay their fair share – and it fails to address the many statewide impacts of drilling activity, including environmental threats," said House Democratic Leader Frank Dermody (D-Allegheny). "This bill is more than just a gift to the oil and gas industry – It's a reckless abandonment of our responsibility to protect and defend the welfare of this Commonwealth."
            "This bill would benefit only a select few – namely the drilling companies – while leaving the vast majority of Pennsylvanians with zero benefit from the development of this rich natural resource," said Democratic Whip Mike Hanna (D-Clinton). "If we are serious about protecting our environment, then we should enact a robust severance tax, not this sham of a bill."
            "This bill is an absolute embarrassment," said Democratic Caucus Chairman Dan Frankel (D-Allegheny). "It has an obscenely low tax rate, inadequate environmental regulations and pitifully low bonding requirements. This is not what Pennsylvanians want. They want a serious bill that protects the interests of Pennsylvanians over the interests of the oil and gas industry."
            “There are some good provisions in this bill, including providing some revenue to the Environmental Stewardship Fund, but the bill held improved environmental regulations and funding for environmental programs hostage in return for an embarrassingly low impact fee,” said Jan Jarrett PennFuture President and CEO. “Worse, the fee may vary from county to county, and it takes away the ability of local governments to manage the impact of drilling through local ordinances. Pennsylvanians want – and deserve – better."
            “House Bill 1950 reflects recommendations that were carefully and thoughtfully developed by the governor’s Marcellus Shale Advisory Commission after months of research, discussion and input on how to responsibly grow and regulate the industry, and bring jobs, business opportunities and additional revenue to the Commonwealth,” said PA Chamber President and CEO Gene Barr, who served on the commission as vice chairman of its Economic and Workforce Development Subcommittee.
            NOTE: This story will be updated as members release press statements.

Thursday NewsClips

Corbett Pushes Vouchers During Philly School Visit
Corbett Defends Sandusky's Foundation Grant Action
Corbett Puts $3 Million Sandusky Foundation Grant On Hold
Corbett's Approval Of Sandusky Foundation Grant Debated
Legislature To Convene Commission To Probe Penn State
State Commission To Examine Child Sex Abuse In Works
Lawmaker Reveals Childhood Abuse To Push Bills
Out Of County Judge Assigned To PSU Scandal Case
Casey Pushes Bill To Mandate Child Abuse Reporting
Editorial: Penn State Inquiry Needs Outside Perspective
Editorial: Don't Change Child Abuse Laws In Haste
Bill To Refinance PA Jobless Fund Debt Clears Senate
Fumo Ex-Aide Ordered To Pay Back $783G
Christiana Explores Run For Congress
State Takeover Pleases Harrisburg Business Leaders
Harrisburg Incinerator Operator Pushes Back In Memo
Senate, House Advance Drilling Bills
Click Here for today's Environmental NewsClips

November 16, 2011

Dept. Of Revenue Accepting Requests To Settle Tax Liability

Department of Revenue Secretary Dan Meuser Wednesday announced he department’s Board of Appeals will now accept requests for compromise of tax appeals.
            “Accepting requests for compromise will provide a more efficient way for taxpayers to settle disputes with the department,” Meuser said. “This is an important step toward fulfilling Governor Corbett’s pledge to reform the appeals process, making it more taxpayer-friendly. Taxpayers can now resolve tax appeals in a matter of weeks, rather than endure a process that could last years.”
            Miscellaneous Tax Bulletin 2011-02, issued Wednesday, allows a petitioner to propose a compromise with the department prior to a final decision by the Board of Appeals.   
            To propose a compromise, the petitioner must submit a written request for compromise by completing the Board of Appeals Request for Compromise form, found on the department’s website. This form may only be submitted in conjunction with a petition to the Board of Appeals, either along with Board of Appeals Petition Form or as soon as possible after the petition is filed.
            A compromise will only be considered when it illustrates doubt regarding liability or promotes effective tax administration.
            Compromises addressing any of the following will not be considered: appeals of denials of property tax/rent rebate claims, denials of charitable tax exemptions, revocation of sales tax licenses or appeals pursuant to the Gaming Control Act.
            Under the compromise process, an informal conference would be conducted by a Board of Appeals hearing officer to determine if the appeal may be resolved in a mutually satisfactory manner. If so, an order reflecting the compromise would be submitted for approval.

House Republicans Vote To End Consideration Of Marcellus Bill Amendments

House Republicans tonight ended debate on their Marcellus Shale bill--  House Bill 1950 (Ellis-R-Butler)-- by voting 105 to 88 to move the bill to Second Consideration by making a motion for the previous question.
            The motion ends the ability of members to offer amendments to the bill without suspending the rules.  Suspending the rules requires a two-thirds vote.
            The bill was then referred to the House Appropriations Committee.
            The House did consider 12 more amendments, 9 of the amendments were adopted and the remainder were voted down or withdrawn.
            Amendments were added by Rep. John Mahr (R-Allegheny) to make certain reports required by the Oil and Gas Act public records, requiring the soundproofing of compressor stations within 2,500 feet of a dwelling, requiring the drilling fee to be paid whether a Marcellus well is producing or not and several technical amendments.
            Another amendment by Rep. Mahr to increase the bonding amount for the reconstruction of roads from $6,000 to $250,000 per mile was defeated 151 to 42.
            An amendment by Rep. Bud George (D-Clearfield) gives residents living between 2,500 to 5,500 feet of a well the right to a pre-drilling survey.
            An amendment offered by Rep. Greg Vitali (D-Delaware) to require DEP to adopt protocols for air contamination emissions was also adopted.
            The House will reconvene Thursday at 9:00 a.m.

Out Of County Judge Assigned To Penn State Sex Scandal Case

The Administrative Office of Pennsylvania Courts has assigned an out-of-county magisterial senior district judge to preside over the preliminary hearing in the case of Commonwealth v. Gerald Sandusky.
The assignment was in response to a request from the Centre County Common Pleas Court for an out-of-county judicial assignment.
Judge Robert E. Scott, a senior judge of Westmoreland County, has been assigned to hear the matter. He has no known connections with the Pennsylvania State University, the Second Mile charity, nor any officers or representatives of any of those entities. Senior Judge Scott has been a jurist since 1964. A senior judge is one who has retired from active service but remains available by appointment to hear cases.
The preliminary hearing will be held in Courtroom No. 1, of the Centre County Courthouse, 102 S. Allegheny St., in Bellefonte, on Dec. 7 or a date to be determined by Senior Judge Scott.
Under Centre County’s court procedures, preliminary hearings typically are presided over by a magisterial judge on rotating assignment in Centre County Central Court on the date scheduled for the hearing. Senior Judge Scott will preside in lieu of assignment to any Centre County magisterial district judge.
In addition, in response to high interest in the case and to establish a single source for updates, scheduling and other court information regarding the Sandusky case, a new website was launched today by the Centre County Court Administration Office to provide detailed information about the Sandusky case going forward.

Wednesday NewsClips

Corbett Says He Accomplishes More Working Quietly
Corbett Defends Staffing, Priority Of Sandusky Investigation
Corbett Approved Grant To Sandusky Charity Knowing Of Sex Abuse
John Baer: Why Did Grand Jury Wait So Long In PSU Sex Case
DePasquale To Remove PSU Exemption To Right-To-Know Law
Editorial: Penn State Keeping Secrets
Legislature To Consider Changing Abuse-Reporting Laws
Abuse Legislation Piling Up In Harrisburg
Casey Calls For Federal Hearing On Penn State Scandal
Paterno In Line For $554,000 Annual Pension
6 More PA Prison Guards Charged With Abuse
Blog: Corbett: Give Students Christmas Present- Vouchers
School Reform Rallies Draw Corbett, Rendell
Advocates Push For State Action On Health Insurance
Editorial: Local Sales Tax, Within Limits
Editorial: Under Act 47 Pittsburgh Makes Progress
Editorial: HBG City Leadership Void
Shale Impact Fee Clears Senate
Click Here for today's Environmental NewsClips

House Debate On Republican Marcellus Shale Bill Starts, But Not Finished

After nearly 8 and a half hours of debate, the House considered 38 of the more than 100 amendments filed to the House Republican Marcellus Shale bill-- House Bill 1950 (Ellis-R-Butler), before they ran out of time and adjourned at 11:00 p.m. as their rules require. Click Here for more details on the House action.

November 15, 2011

House Adds Thursday As Voting Day

The House has added Thursday, November 17 as a voting session day.

Senate Sends Marcellus Shale Bill, With Statewide Drilling Fee, To House

The Senate tonight voted 29 to 20 to pass Senate Bill 1100 (Scarnati-R-Jefferson), which includes a uniform, statewide Marcellus Shale drilling fee that would raise $154.6 million in 2012 and a laundry list of additional environmental protection measures.
Senate Democrats offered five amendments attempting to change the drilling fee amount, deal differently with local government regulation of drilling and additional environmental protection provisions. The amendments failed largely along party-lines.
“This legislation will help communities impacted by drilling, provide for reasonable local zoning parameters and implement strong environmental protections,” said Sen. Joe Scarnati said. “Through a reasonable and well-thought-out impact fee on shale companies, we can manage this tremendous resource in a way that improves our economy, creates new jobs and opportunities for our residents and protects our quality of life.
“The Marcellus Shale industry is here to stay in Pennsylvania – bringing us jobs, huge economic benefits and the potential for energy independence,” Scarnati said. “It makes sense to impose a reasonable impact fee on the industry to provide the funding necessary to further protect our natural resources, particularly at a time when our state is being forced to stretch our tax dollars.”
Click Here for video of Sen. Scarnati's floor remarks.
Sen. Scarnati released new information on the drilling fee in Senate Bill 1100: Distribution estimates to programs and local governments and estimates of revenue generated annually.    An updated fiscal note is available online.
Senate Minority Leader Jay Costa (D-Allegheny) released this statement on the bill:
"It is unfortunate that we were not able to reach a general agreement on all aspects of this measure and we cannot support it on final passage. There is too much at stake. We can't allow Pennsylvanians to ultimately wind up on the losing end of the battle to make sure our resources and drinking water are protected. We also need to make sure that Pennsylvanians get their fair share. Their states resources must be given away for a fair price.
"Alaska, Texas, Montana, and a slew of other states gain more from their severance fees than Pennsylvania will under this proposal. We can't allow multi-billion dollar international corporations a free pass to the vast and valuable resources that lie beneath our Commonwealth.
"We can't stand for the state taking away the rights of townships and municipalities to control their own destiny when it comes to Marcellus Shale development. The Republicans have made it clear tonight that they are willing to hand over the keys to the castle.
"Short-term benefits cannot take priority over what the majority of Pennsylvania's men and women want and deserve environmental protection and a fair fee from the companies poised to make billions more than they have already pocketed from the resources Pennsylvania provides. We can't be left holding the bag and paying for the clean-up many years from now when the natural gas rigs have been taken away and the natural gas is gone.
"I am saddened by the fact that one of the most important issues we have been negotiating for more than two years could not result in an acceptable compromise.
"I want to assure all, it wasn't for lack of effort. My Democratic colleagues and I were provided the opportunity to have meaningful input and provide ideas to improve this bill. For that, we are grateful.
"Sen. Scarnati, his staff and our members and staff negotiated at length through many issues and provided perspectives for the other to consider. But at the end of the day, we need to make sure that this bill is correct and something that Pennsylvanians can live with now and for years to come."
“This is one of the worst public policy fiascos I have seen in my entire Senate career,” said Sen. Mike Stack (D-Philadelphia), who voted against the bill. “The Republican-led Senate and the governor are bending over backwards to give out-of-state and foreign companies free reign to pillage our natural resources.
“We need revenue right now to help our entire state. We have cut funding for public education and charter schools by $900 million. We have cut funding for higher education and now tuitions will increase. We eliminated the adultBasic program,” he said. “A severance tax could have funded some or all of these programs. Instead, Senate Bill 1100 placates the natural gas drilling industry, rather than providing Pennsylvania with much-needed revenues.
“Gov. Corbett and the Republican majority aren’t giving any priority to Pennsylvanians,” he said. “They talk about jobs and opportunity, but most of the real economic benefit will take place outside our borders. I’ve never seen so many license plates from Texas and Oklahoma.”
A quick summary of the drilling fee portion of the bill is available online. A summary of the environmental protection provisions is also available online.
The bill now goes to the House for action which started consideration of its own Marcellus Shale bill-- House Bill 1950 (Ellis-R-Butler)-- at 2:17 this afternoon. The House debate on amendments is not yet finished for the evening at this posting.