02/18/2005
Sen. Scarnati to Introduce Bill to Correct Costly Unemployment Compensation Ruling by Commonwealth Court
State Senator Joe Scarnati (R-Jefferson) introduced legislation this week to correct a recent Commonwealth Court decision that requires employers to be represented by an attorney who is a member of the Pennsylvania bar when defending an unemployment insurance claim at the hearing level. NFIB will provide you with the bill number as soon as it is made available. This decision requiring attorneys will result in dramatic increase in costs for Pennsylvania employers and create a great injustice with the unemployment compensation system.
Pennsylvania law specifically allows claimants to be represented by non-attorneys but is silent about such representation for employers, although the custom has always been to permit such representation.
Most states permit both workers and employers to be represented by non-attorneys at informal unemployment insurance hearings. The National Commission on Unemployment Compensation was unanimous that attorneys should not be required to represent either party in informal unemployment insurance administrative proceedings in order to keep the proceedings informal and to keep the costs down.
The state labor department also this week announced plans to ask the Pennsylvania Supreme Court to reverse the Commonwealth Court decision.
Vote your Pennsylvania Ballot: Your input is critical!
Please take a moment to visit the link below and vote your 2005 Pennsylvania State Member Ballot. The Pennsylvania state legislature currently is debating several pieces of legislation (business taxes, property taxes, waste fees) that were included in your Member Ballot. In order for NFIB to best represent your small-business concerns to state lawmakers, we need to know exactly where you stand on these critical issues.
Remember, our positions on policy and legislation are represented in the collective feedback of the 29,000 NFIB members here in Pennsylvania, so your vote -- and every vote -- counts. In case you'd rather vote by hard copy, the Pennsylvania State Member Ballot was also enclosed with the December/January issue of MyBusiness. If you already voted your ballot, thank you. If you have any questions, please call (800) NFIB-NOW for personal assistance.
Green Ribbon Commission Issues Final Recommendations
The Green Ribbon Commission held its final meeting this week and released several recommendations to the General Assembly and the governor to improve Pennsylvania's environmental future. The recommendations, include:
- Develop additional short and long-term funding options for environmental initiatives.
- Environmental initiatives should recognize the diversity of needs across the entire Commonwealth.
- Pennsylvania's taxpayers should be asked, through a referendum, if they would support increased funding for environmental programs by issuing bonds in an amount up to $800 million.
- Open space preservation, farmland preservation, watershed protection, abandoned mine remediation and acid mine drainage cleanup have been identified as key environmental programs that also offer strong associated economic development benefits. These programs should be targeted to receive specific financial assistance in any future environmental funding decisions.
- Consideration should be given to options for funding needed infrastructure improvements within the Commonwealth's fish hatcheries and for repairs to Commonwealth-owned dams. Funding options could include priority within the Commonwealth's capital budget process, the out-sourcing of all or a portion of the fish hatchery program, as part of possible environmental bond issue or through user fee increases.
- Provide a long-term, stable source of funding to the Hazardous Site Cleanup Fund.
- Identify and implement standard methods to monitor, measure and report on the state of the Commonwealth's environment on a regular basis. This would include measuring improvements to the quality of Pennsylvania's land, air and water and determining the effectiveness of the Commonwealth's environmental funding in relationship to overall improvements in environmental quality.
- Recognizing that deep philosophical divisions remain on the appropriateness of new fees or taxes to pay for expanded state spending, a variety of creative funding options should be explored.
The commission was charged with studying state programs affecting the environment and reviewing proposals aimed at possible program consolidation and improvements, as well as the appropriateness of various methodologies for enhanced funding to address environmental problems, including preservation of farmland and open space, reclamation of abandoned mines and cleanup of hazardous sites, and then present their recommendations to the General Assembly and administration.
House passes 28 year, $2billion GreenPA Environmental plan
The state House this week voted to approve the GreenPA plan -- HB 2 and HB 3 -- which is to be the largest investment in Pennsylvania's environmental future. The legislation, authored by Rep. Tom Quigley (R-Montgomery), would create a 28-year, $2 billion program that is to build on the success of the existing Growing Greener program without new or increased fees. The measure now goes to the state Senate.
Before the vote, Gov. Rendell sent a warning letter to House members that he would veto the measure if it reached his desk. To see the text of Gov. Rendell's letter, visit the link below.
The GreenPA plan, if approved by the senate, signed by Gov. Rendell and approved by Pennsylvania voters, would be funded through an $800 million bond issue that would be spent over the first seven years of the program -- $115 million in the first six years and $110 million in the seventh year.
Over the first seven years of the program, funding would be dedicated to open space and farmland preservation, mine reclamation, acid mine drainage remediation, hazardous sites cleanup, water and stream quality improvements, safe sewer system assurance and other noble environmental preservation, protection and restoration efforts.
The lifespan of the current Growing Greener plan runs through 2012. GreenPA would extend the commitment to land preservation and hazardous site cleanup through 2033.
According to proponents, by removing the sunset provision on the existing $4.25 tipping fee, the bond debt service for GreenPA will be fully funded through the life of the program and would also continue funding conservation investments with a $179 million endowment upon GreenPA's completion in 2033.
The GreenPA plan is the Republican's answer to Gov. Rendell's highly controversial "Growing Greener II" and was vigorously opposed by House Democrats who contend the plan does not spend enough and will not live up to the Republican's claims.
Senate Approves Hazardous Sites Cleanup Funding
The state Senate this week approved legislation sponsored by Sen. Mary Jo White (R-Venango) that would continue funding Pennsylvania's Hazardous Sites Cleanup Fund without the tax increases sought by the Rendell administration. The measure now goes to the state House.
SB 149 directs an amount equal to a quarter-mill of the Capital Stock and Franchise Tax -- about $36 million -- from the General Fund to the Hazardous Sites Cleanup Fund (HSCA). The legislation would use the same revenue stream that funded HSCA until 2002.
SB 149 does not affect the commitment by Senate Republicans to phase-out the Capital Stock and Franchise Tax by 2010, or earlier and will follows the Green Ribbon Commission's recommendation for immediate HSCA funding.
Gov. Rendell proposes the HSCA to be partially funded by imposing a new Toxic Release Inventory Tax and trash disposal tax. There is little support for this in with the Republican majority but since the Department of Environmental Protection has threatened to stop cleanup activities on hazardous sites on April 1, 2005 and have informed resident of those communities that they may be in danger.
Rep. Ellis Gives Appropriations Committee His 2005-2006 Budget Priorities
NFIB-member and state Rep. Brian Ellis (R-Butler) testified Wednesday before the Pennsylvania House of Representatives Appropriations Committee urging lawmakers to make meaningful tax reform for individuals and businesses their top priorities for the 2005-06 budget.
"In order to jumpstart Pennsylvania's economy, we need to reduce the Corporate Net Income Tax and institute property tax reform that actually puts money back into homeowners' pockets," Ellis said. "With the projected revenue surpluses, it is only fair to return that money to the people who have rightfully earned it."
Rep. Ellis, a freshman House member was endorsed by NFIB/PA in the 2004 election and has proven to be a solid friend to small business.
NFIB/Pennsylvania to Hold Area Action Council Meetings
NFIB/Pennsylvania has announced the times and locations for their 2005 first quarter Area Action Councils. We will be adding new AACs this year in Butler/Armstrong Counties, Allegheny/Westmoreland Counties and Franklin County.
NFIB's AACs offers an opportunity for small businesses owners just like you to join forces with other small business owners and talk with lawmakers about legislative issues that affect your bottom line. To RSVP for one of the meetings, please contact Mark Richards at Mark.Richards@NFIB.org.
The complete schedule is:
Lehigh Valley AAC
March 8
7 a.m.
Holiday Inn - Bethlehem
*Sen. Candidate Debate
Indiana/Armstrong AAC
March 9
8 a.m.
Rustic Lodge - Indiana
Butler/Mercer AAC
March 9
3 p.m.
Natili Restaurant - Butler
Allegheny/Westmoreland AAC
March 10
8 a.m.
Mountain View Inn - Greensburg
Capital Region AAC
March 17
8 a.m.
Country Fare Restaurant - Palmyra
Monroe County AAC
March 24
8 a.m.
Stroudsmoor Country Inn - Stroudsburg
Wayne County AAC
March 24
3 p.m.
Gretchen's Grotto - Honesdale
Bucks County AAC
March 31
8 a.m.
Hampton Inn Quakertown - Quakertown
Montgomery County AAC
March 31
5:30 p.m.
Homewood Suites - Lansdale
Franklin County AAC
April 15
8 a.m.
Lighthouse Restaurant - Chambersburg
Free Enterprise Scholars Deadline is March 15
The deadline for students applying for Free Enterprise Scholars awards is March 15. The Free Enterprise Scholars program seeks to raise awareness among the nation's youth of the critical role that private enterprise and entrepreneurship play in the building of America. The NFIB Free Enterprise Scholars Awards are $1,000 non-renewable scholarships given to a minimum of 300 students. Students must be able to demonstrate entrepreneurial spirit/initiative and must be preparing to enter his or her freshman year at an accredited two- or four-year university, college or vocational/technical institute.
