Appropriations Committee adds seven amendments, waits to vote it out

The Appropriations Committee met Wednesday to continue deliberations on the transportation reform bill. Some House Republicans believe the bill should be in the Transportation Committee instead.

A provision requiring mass transit unions in Pennsylvania to give 72-hour advance notice prior to going on strike was removed from a transportation funding overhaul bill by the House Appropriations Committee.

With a straight party-line vote Wednesday morning, the Democrat-controlled committee approved an amendment from state Rep. William Keller (D-Philadelphia) removing the provision, which had originally been included in special session H.B. 8. The bill is an attempt to reform the state’s transportation funding system and increase revenues for transportation by more than $1.2 billion annually.

Mr. Keller said requiring unions to give notice prior to going on strike should be negotiated rather than imposed legislatively.

“I believe this goes to what all organized labor deems sacred. Issues like this should be held at collective bargaining and not through legislation,” said Mr. Keller.

State Rep. Bill Adolph (R-Delaware), minority chairman of the committee, said having such notification requirements would be helpful to anyone who relies on mass transit on a daily basis.

“There are other unions – school district employees, nurses – that have to give the public notice prior to striking,” said Mr. Adolph. “Obviously, we all have constituents that wake up in the morning and go to work. Kids have to go to school.”

Last year, public transit workers threatened to go on strike in Philadelphia during the World Series, forcing the state to make a last minute settlement.

The amendment was one of seven approved by the Appropriations Committee during the meeting, but state Rep. Dwight Evans (D-Philadelphia) did not call for a vote to pass the bill out of committee.

Wednesday was the final day the House is in session until after Election Day.

“Obviously, we have run out of time,” said Mr. Evans. “But we have a vehicle. I would hope when we come back after the election period, we come back being prepared to really continue trying to push this issue.”

The committee also approved an amendment anticipating a legal challenge to the proposed new eight percent tax on oil company gross profits contained in the legislation.

The tax is one of three revenue increasing proposals in the bill, along with an increase to the state’s gasoline tax and increases to various vehicle and driver fees imposed by the state Department of Transportation (PennDOT). In the bill, oil companies would be prohibited from passing the cost of the new gross profits tax onto consumers in the form of higher prices and the state Attorney General would be given permission to investigate the finances of oil companies to ensure such action did not take place.

The amendment approved Wednesday would give the state Supreme Court original jurisdiction on the law if it were challenged by oil companies. The amendment also allows the Supreme Court to sever the provision blocking the passage of the tax onto consumers without affecting the rest of the bill.

In that situation, the tax would remain in place and would have to be paid by consumers, state Rep. Glenn Grell (R-Cumberland) pointed out.

“I would be much more comfortable with it if it invalidated both the anti-pass-through and the oil company profits tax,” said Mr. Grell. “If we’re representing that this legislation will not pass that tax onto the consumer, I think it’s a little disingenuous for us to put a clause in saying if the court finds it unconstitutional, the tax stays and it goes to the consumers.”

Mr. Evans, the sponsor of the amendment, said he did not believe any parts of the bill would be ruled unconstitutional, but the amendment was added in response to concerns from lawmakers.

Two other amendments approved Wednesday instruct PennDOT to carry out a pair of studies on the effectiveness of the state highway maintenance formula and the various regional transportation authorities in Pennsylvania. The studies will cost an estimated $250,000 combined.

Republican lawmakers said the studies would be a waste of money since similar studies were carried out in 2002 and the reports are readily available.

Other amendments approved Wednesday add requirements for any future public-private partnership (P3) for the state’s roads.

An amendment from state Rep. Greg Vitale (D-Delaware) requires the General Assembly to approve any attempt to lease or sell the Pennsylvania Turnpike, and an amendment from state Rep. Bill Kortz (D-Allegheny) adds organized labor representation to the state Public Private Transportation Partnership Board, which would be created if the bill becomes law.

A final amendment from Mr. Evans mandates PennDOT give higher consideration to repair, maintenance and improvement of current transportation infrastructure over the construction of new infrastructure.

Mr. Adolph said the provision, already a part of PennDOT policy, creates a legislative mandate which could prevent future transportation secretaries from being free to make decisions.