PPP passes the Senate, Marcellus Shale heading for conference committee, Redistricting nearing completion

The General Assembly is poised to wrap up its business this week and while the transportation funding issue remains unresolved, a few actions were taken that are worth noting. The Senate adjourned until the new year but the House remains in session and is expected to do so until perhaps early next week. Below is a summary of pending issues:

Public-Private Partnerships
The Senate passed Senate Bill 344 by a 49 -1 vote its version of the Public-Private Partnerships bill (PPP). The bill was sponsored by Transportation Chairman John Rafferty and is now heading to the House where it faces and uncertain future. The Senate version of the bill requires that PPP projects remain subject to the PA Prevailing Wage and Separations Acts. The House version, House Bill 3 (sponsored by Rep. Rick Geist), remains in the House and several amendments related to the Prevailing Wage Act are causing concern for many in the Republican Caucus. While movement was made on PPP legislation, its long-term outlook remains in question.

Marcellus Shale
The Senate amended House Bill 1950 setting the stage to send the much-debated Marcellus Shale tax/impact fee to a Conference Committee. The Conference Committee isn’t expected to meet until January at the earliest and will have to resolve wide differences between the House and Senate plans for collecting revenue from the gas-drilling industry. This issue remains the number one priority of Gov. Corbett. The House must take some additional votes to formalize this conference committee creation process before it adjourns for the holiday break in order to move the process forward.

Congressional and Legislative Redistricting
Every 10 years the legislature must approve a new Congressional district map in order to prevent the courts from doing so. The Senate formally adopted a new congressional map by a slim 26 to 24 vote. The House must now take up the measure before it adjourns and they are expected to do so this week. Because Pennsylvania lost one congressional district this decade, the map–as adopted by the Senate–would force a potential Democratic primary battle between Rep. Jason Altmire (D-Allegheny) and Rep. Mark Critz (D-Cambria) as the two district were essentially merged. Other significant changes were made and you can view the proposed map at www.redistricting.state.pa.us The state House and Senate maps are also available at this website and were approved by a separate Reapportionment Commission earlier this month.

Other issues (Vouchers and Liquor Stores)
The House rejected a school voucher related measure that significantly hurts that issue from moving forward any time soon. The House is expected to attempt to advance a Liquor Privatization bill but with the Senate adjourned for the year, that issue won’t be resolved until next year at the earliest.

If you have any questions on these issues or would like additional information, contact Jason Wagner at 717-238-2513 x. 111 or jwagner@paconstructors.org.

The Transportation Construction Industries Political Action Committee (TCI-PAC) was formed in 2002 to be the unified, political voice in Harrisburg on behalf of the transportation construction industry. Today, five associations continue to be joined together and have become a major force in Harrisburg. “Joined in Purpose and United in Action” remains the rallying cry of the TCI-PAC as it seeks to promote full funding of Pennsylvania’s infrastructure needs.

There is a lot of recent attention in Harrisburg on how to best fund our critical transportation system. Earlier this year Governor Corbett commissioned a select task force designed to make specific, comprehensive recommendations on how the state can increase investment in our highway and bridge systems. That commission is set to reveal its full report on August 1. Convincing the state legislature to enact funding increases for highways and mass transit will be difficult but not impossible. Industry members must be prepared to assist legislators who are willing to make tough choices for long-term improvements to transportation. An important component of this effort will be broadening industry participation in TCI-PAC. We urge you to become a member of TCI-PAC in this critical year for our industry.

• Download the 2011 PAC Campaign Material today!

 On Monday, by a final 116 to 83 vote, the Pennsylvania House of Representatives sent the “Fair Share Act” to Governor Corbett’s desk.  The Governor has long supported this measure and has signed it into law. 

The Fair Share Act is a critical piece of legislation that will significantly improve the legal climate for those in the highway construction industry.  The Act will change the “joint and several liability system” in the Commonwealth to make it more in line with what approximately 40 other states have already enacted.  The Act would abolish current joint and several liability law in most instances and a defendant found negligent or strictly liable for an injury will be responsible for his or her share, and only his or her share, of the total damages awarded to compensate the plaintiff.  Specifically, the Act will make liability several but not joint where the defendant’s liability for the damage or loss is less than 60 percent of the total liability of all defendants.  There are four exemptions included in the Act which are as follows:

1. A suit including and intentional misrepresentation;
2. A case of intentional tort;
3. A suit concerning the release or threatened release of a hazardous substance under the Hazardous Sites Cleanup Act; or
4. A civil action in which a defendant has violated section 497 of the Liquor Code.

This legislation has been long supported by the TCI PAC and we applaud the General Assembly for passing this measure and sending it to the Governor’s desk.

The PA House of Representatives moved legislation out of committee this week that would significantly reform tort liability laws in Pennsylvania. House Bill 1–a top priority of the Republican Majority–is scheduled for Floor debate and amendments on Wednesday April 6th with final passage expected the following Monday. The legislation is also called the “Fair Share Act” and would abolish current joint and several liability law in most instances. Under the legislation, a defendant found negligent or strictly liable for an injury will be responsible for his or her share, and only his or her share, of the total damages awarded to compensate the plaintiff. This legislation has been long supported by the TCI PAC and please contact your legislator in the House TODAY and ask him or her to support House Bill 1. To read a copy of House Bill 1, click here.

Members of the House Transportation Committee will be the featured guests at the next TCI-PAC fundraising event on Monday, April 25, 2011 at the Hilton Harrisburg. The TCI-PAC is holding this fundraising event which is being sponsored by S. Dale High of High Industries and Steve Bussanmas of High Steel Structures. The event will feature a private roundtable at 5 p.m. followed by a cocktail reception at 5:30 p.m. To find out how you can attend the event, click here.

Please remember that all contributions benefit the TCI-PAC and not individual candidates.

Interview with Representative Richard A. Geist from Roy Wells on Vimeo.

The Highway Education Foundation and the Keystone Transportation Funding Coalition have been working together to develop an informational and educational website called ReConnectPA.org. The site utilizes an interactive on-line map and encourages members of the public to identify transportation-related needs across Pennsylvania.

The site facilitates discussions around various types of transportation projects at the local grassroots level – everything from better signage or signals to major capacity improvements. It is also designed to reflect the multimodal nature of the various coalition members, inviting participation from proponents of public transit, air and seaports, bike and pedestrian advocates, and freight and passenger rail. The coalition also includes the users of the various transportation modes, including trucking firms, health care associations, labor unions, business organizations, agriculture, AAA and AARP.

ReConnectPA.org is an extension of efforts in recent years to create a vision for a 21st Century transportation program. In addition to the interactive map feature, the site includes recent studies and reports and a comprehensive collection of information about Pennsylvania’s transportation system.

One of the goals of the ReConnectPA.org effort is to take the macro discussion of statewide transportation needs down to the local level, in order to create interest in the types of projects that will improve safety and relieve congestion. The creators of ReConnectPA.org have embarked on an outreach effort to increase awareness of the site throughout Pennsylvania.

HB 2246 was intended to increase penalties for reckless drivers who injure first responders, but an amendment by the Trial Lawyers Association was put into the bill allowing in auto-related civil cases to argue at closing specific amounts for non-economic damages (pain and suffering), using either lump sums or mathematical formulas.

That amendment would overturn a 1969 Pennsylvania Supreme Court ruling that prohibits either party to argue specific amounts for non-economic damages. The court determined doing so would allow closing argument rhetoric to have too much influence in a jury’s decision. Contractors’ liability in accident cases would increase if the bill was adopted in its current form.  Last week, we asked you to contact legislators urging a no vote on the bill.

Under pressure this week from the business community, the Senate agreed to remove that section from the bill, thus avoiding increased liability risks for businesses in auto accident cases.  If you made the effort to contact your Senator, your calls paid off this time.

Since its inception in 2002, your Transportation Construction Industries Political Action Committee has become a force in Harrisburg. The five associations that comprise TCI-PAC are joined in purpose and united in action to promote full funding of Pennsylvania’s transportation infrastructure needs.

Convincing the state legislature to enact funding increases for highways and mass transit will be difficult. The current mood is opposed to anything that is regarded as a tax increase. Industry members must be prepared to assist legislators who are willing to make tough choices for long-term improvements to transportation as opposed to quick fix political deals. An important component of this effort will be broadening industry participation in TCI-PAC.

We urge  you to become a member of TCI-PAC in this critical year for our industry.

• Download the 2010 Membership Campaign Brochure