The Current

A few truths...

No matter how long I leave the house after I've closed the garage door, my dog will always get in the trash.
Without finance reform, there will always be fundraisers.
No matter how many times I watch the movie, the Titanic sinks.
As long as there's media, there will always be partisanship.
No matter how cute the dental hygienist, I'm not going to look good in a dentist chair.
As long as there are politicians, there will be at least two sides to every truth.

Unconnected questions

In the Harrisburg Patriot News on Sunday, AFL-CIO President Bill George likened U.S. Senator Rick Santorum to Adolph Hitler. I ask you, regardless of your political affiliation, would an equivalent business leader get away with likening any similar political candidate to Hitler?

Governor Rendell announced that September is Mushroom Month. No offense to the thriving mushroom industry in Pennsylvania, but does anyone else see the irony that a politician is touting something that’s kept in the dark and fed manure?

Reuters reports that French Prime Minister Dominique de Villepin said, "Against terrorism, what's needed is not a war. It is, as France has done for many years, a determined fight based on vigilance at all times and effective cooperation with our partners.” Regardless of your opinion on international policy, recognizing France's track record, (I will spare them humiliation for the effectiveness of the Maginot line), does anyone else find this disturbingly humorous?

Last but not least, can anyone tell my why my parents, who have insisted on wearing black and gold on game-day ever since the Truman administration, would turn down tickets to see the NFL season-opener in Pittsburgh?

It’s a black and gold thing…

The Governor is staring in a series of commercials touting Pittsburgh as a vacation destination. The tv spots are very similar to the ones he has done on several occasions for Philadelphia.

Now, some people are upset because they say he’s using taxpayer money to boost his public image in the west. After all, they say, it’s the first he’s done a commercial for Pittsburgh in almost four years. They point out that it’s more than just irony the commercials happen to be promoting his opponent’s home town. And, they’ll tell you, it’s more-than convenient that the timing of the commercials is only two months before the election.

People argue it’s an abuse of incumbency. Others suggest it’s borderline illegal.

But others are point out that it’s not the first time such a tactic has been used and write it off to clever public relations.

I say forget all that! As a Pittsburgh Steelers’ fan, I’m offended!

Did Napolean tout St. Petersburg?! Did MacArthur tout Tokyo?!

Now, I’m not saying Ed Rendell is an enemy of Pittsburgh, but I am saying that the biggest Eagles fan in Pennsylvania (he still co-hosts the Eagles post-game live television show) touting the home of the Steelers is hard for me to take.

Pittsburgh is my family’s home town and I bleed black and gold. I can tell you that living in central PA that my colors don’t mix well with green and white.

So Governor, for the sake of all that is good and holy, PLEASE STOP!

If for nothing else, the last thing we need is a jinx on the 5-time world champions (and defending champions) with the infamous Philadelphia curse! (Philadelphia has never won a professional championship.)

In fact, I now blame Ed Rendell on the fact the Pirate’s have the worst record in baseball this year!

In the name of justice

Jim Welty is CURRENTly out riding a wave somewhere, taking advantage of some well-deserved R and R. Filling in this week is his Blog editor...

You have to wonder about some lawyers who seem to find any reason to litigate, and a system that allows the practice of laying the entire blame for a problem on someone when they are only partly to blame.

But that's what happens in Pennsylvania under the current legal doctrine of "joint and several" liability," which allows trial lawyers to target companies just because they have "deep pockets."

A couple of years ago, the state House and Senate passed the Fair Share Act to modify joint and several, and prevent defendants in civil lawsuits from paying 100 percent of the damages even if they are only 1 percent responsible. The Fair Share Act was challenged in court -- with backing from Trial Lawyers -- and the court held that the way the act was passed procedurally was unconstitutional. No problem at all with the substance of the law.

The law was thrown out, and an attempt this spring to re-enact it was thwarted again when the governor caved to pressure -- from you-know-who -- and vetoed the measure. So, still no Fair Share Act.

Of course, all of the aforementioned information makes this next little tidbit all the more interesting: The Association of Trial Lawyers of America is asking its members to change the group's name. Seems they don't like the "Trial Lawyers" part anymore. They want to be called the American Association for Justice.

Hey, we're all for that! After all, if they're now more focused on justice rather than trials, we're sure they'll get on board with re-enacting the Fair Share Act in Pennsylvania and allow companies to be held responsible only for their share of liability.

Their new name says so, right?

Election reflection

Several months have passed since the primary elections in Pennsylvania.  And with only a couple months to go before the general elections, Pennsylvania will be facing a turnover in the legislature of impressive proportions.  We likely will see at least fifty new legislators in 2007, and pending the November election outcome, that number could be significantly higher.

The results of the primary elections have been described as everything from an earthquake to a tidal wave.  These descriptions, however, may be somewhat misleading.  They suggest that what has happened in Pennsylvania has been catastrophic.  While it’s true the political landscape will be much different in January, I can not bring myself to view it as “an utter failure,” as Webster’s Dictionary defines catastrophe.

I’m not trying to downplay the message that was delivered by the electorate, rather I’m suggesting it needs to be kept in perspective.  Dramatic changes in the make-up of the legislature have happened before and they will undoubtedly happen again. Yes, the turnover and defeats are stunning, but they simply reflect the free exercise of a representative democracy.

The legislature will convene, albeit with many new faces.  It will function as it has for more than two centuries, albeit likely with new rules and operating procedures.  Bills will be introduced and some will pass and become law.  Legislators will run for re-election and some will win and others will lose.  And so goes the cycle of our government.

So rather than having the press and others portray the changes as catastrophic, let’s consider a description that’s more appropriate… perhaps it’s more akin to a change in seasons, particularly since something is ending and something new will begin.  And to describe it further, let’s turn to the words of Dinah Maria Mulock Craik (Mrs. Craik) in her poem, “Immutable”…

Autumn to winter, winter into spring,
Spring into summer, summer into fall, —
So rolls the changing year, and so we change;
Motion so swift, we know not that we move.

I’ll gladly pay you next Tuesday for a Hamburger today

Did Popeye ever take Wimpy up on this offer?

Will the electorate take the 137 House members, 40 Senate members and the Governor up on their offer on property tax reform?

What if you think of the legislation touted as property tax reform this way…

Property tax relief is predicated on gaming revenues.

Many experts suggest revenues from gaming will yield less than half of the $1 billion that is predicted.

Not one gaming license has been approved.

Not one gaming resort has been constructed.

Even under a $1 billion scenario, the average reduction in property taxes is $289.

Average increase in local property taxes is 5%.

Average increase in property taxes by 2009 is $583.

You do the math.

Now, how ‘bout that hamburger?

Writer’s note: This commentary is not reflective of the Chamber or its position on property tax reform. For property tax reform purposes, the Chamber acquiesced to the Homestead Exemption in the 1990s, but remains concerned about disproportionate treatment of business and residential property. The Chamber opposes a tax shift onto business to fund residential property tax relief.

Game 7 – NBA Finals

Here’s how the process of the passage and veto of the Fair Share Act would play-out if it were the NBA finals…

With the series tied at three games a piece, Game 7 was necessary to decide the outcome of the storied match-up between the Job Creators and the Wealth Shifters.  In the first six games, the Job Creators defeated the Wealth Shifters with several decisive wins.  The Wealth Shifters managed to hand the Job Creators some unexpected losses, in part aided by their ability to cry foul over technicalities. Game seven came down to a buzzer-beater shot from three-point land and this is how the subsequent events would transpire if Ed Rendell were NBA Commissioner…

Job Creators have the ball at the top of the key… the clock is ticking down… 3… 2… 1… it’s a fade-away jumper… ball is in the air… buzzer goes off… SWISH!!

The Job Creators win!  It’s all over!!  Decades of dominance by the Wealth Shifters finally came to an end!  Perhaps the seeds of change in the league finally have been sowed.

And look!  As promised, here comes Commissioner Rendell down from the skybox to hand out the trophy and declare the Job Creators the victors.  It doesn’t matter that he watched the game from the suite owned by the opposing team, he promised he would hand over the trophy and here he is….

Wait, what did he just say??  I don’t think I heard him clearly over Queen’s “We are the Champions” blasting over the loudspeakers.

What?!  Did he just say he’s throwing the game out?!  You have to be kidding me!

He said he wants us to play the game over again because HE thinks the outcome is unfair??  I know he used to play for the opposing team, but this is ridiculous!

Say that again?  Now HE’S going to pick the players for the next decisive game??  That’s crazy!  I’ve never heard of such a thing!

Hold on just a second!  The players he’s picking for our side have never played the game!  How fair is that?!

And the ones he’s picking for the opposing team are the same individuals who’ve been playing all along!  He’s stacking the team against us!

NOOOOOOOO!!!!!!!!!!!!!!  HE CAN’T REFEREE THE GAME, TOO!!!!!

Oh my God!  Is that Chris Berman and Dick Vitale from ESPN hugging Commissioner Rendell?!  I can’t believe it!  Even the sports media is buying this garbage!

Is there any justice in this league?! Not only is it unfair to the Job Creators, but it shows that the Commissioner is unconcerned about the integrity of the game, and he's unapologetic for his broken promise.  It's a sad state of affairs for the game and the fans who rely on a fair and just outcome.

This recap of Game 7 has been brought to you by the business community who relied on Governor Rendell’s word.  We’ll be cautious not to make that mistake again….

Times they are a changin...

Yesterday, voters spoke out against incumbents in a record number of upsets.  There's no doubt next year's legislature will look significantly different, with the big question being will the republicans maintain control of the House and Senate?  Below are the upsets...

State Senate:

30 – (R) Eichleberger d. Jubelirer (Leadership)

48 –(R) Folmer d. Brightbill (Leadership)

State House:

6 – (R) Roae d. Focier

10 – (D) Gibbons d. Lagrotta (Committee Chair)

21 – (D) Benningtond. Pistella(Committee Chair)

38 – (D) Kortz d. Ruffing

42 – (R) Harris d. T. Stevenson

90 – (R) Rock d. Fleagle(Committee Vice Chair)

91 – (R) Moul d. Maitland

97 – (R) Bear d. Baldwin

100 – (R) Cutler d. Armstrong

102 – (R) Swanger d. Zug

112 – (D) Smith d. Belardi (Leadership)

125 – (R) Hornberger d. Allen (Committee Chair)

130 – (R) Reed d. Leh (Committee Chair)

152 – (R) Murt d. Cornell

187 – (R) Mantz d. Semmel (Committee Chair)

Other notables:

(D) Preston (Committee Chair) won by 64 votes

(R) Perzel (Speaker of the House garnered fewer votes than (D) Kearney

(R) Kenney (Environmental Resources Chair) garnered fewer votes than (D) Boyle

(R) Scavello fewer votes than (D) Kennedy

(R) Taylor fewer votes than (D) Enggasser

Unintended consequences

(Editor's note: Jim still has a lot he wants to say, but Gene enjoyed the blogging experience so much, he's back again...)

Lobbying can be a strange and interesting business. We fight like crazy for our issues but rarely does it get personal. We typically respect other advocates (and often they're friends) who hold positions different from ours. We know that simply because someone else disagrees with us it doesn't make them bad...

However, there was an unfortunate incident recently on an issue of interest to many Chamber members. The issue is the "California Low Emission Vehicle Program." It has to do with the kind of car Pennsylvanians should drive in order to meet what is required of us to clean our air. There are legitimate questions in the debate, such as how much it will cost, whether we should cede control over our vehicle program to California, the ramifications on other sources if we don't implement this program, etc.

An environmental group pushing for PA to adopt the CA LEV standards put out a cartoon on its website attacking AAA for not supporting the program. When I first saw the cartoon, I thought it was sophomoric and that it trivialized an important public policy issue. After talking to one of the AAA people involved in the issue, I went back and looked at the video and became more disturbed.

Entitled "AAA Monkeys," it shows one of them taking an inhaler away from a young boy and substituting what appears to be can of whipped cream.  I understand that inhalant abuse is an unfortunate occurance among our youth. Is this environmental group trying to say that AAA is encouraging drug abuse?

More disturbing though is another scene from the "cartoon" that shows one of the cartoon characters firing a weapon at a person looking to buy a car. The weapon appears to be a type of "rocket propelled grenade" or RPG, the type of weapon used by terorrists against our troops.

The person from AAA who talked to me about this was a career military person. His wife's brother was killed last year while serving in Iraq. He told me when he looks at that cartoon, he thinks of what happened to his family member.

I'm certainly not saying this environmental group knew about this situation when they created their "cartoon." I am saying that when we attempt to trivialize critical issues and demonize people who might disagree with us, there can be unintended consequences.

I really don't want to provide the website name because I don't want to give this group any more publicity. If you call me, I'll be happy to discuss it and direct you there.

Mystery solved!

Seems like everyone has something to say about the governor’s recent veto of the Fair Share Act. (Can’t imagine why that would be?!) This week, PA Chamber VP Gene Barr offers his insights:

You have to believe Mike Fisher was laughing (at least to himself) last weekend. Most of you will remember him as a long-time member of the Pennsylvania Senate and as Pennsylvania

’s attorney general.  He is now a member of the federal bench. In 2002, Fisher was Ed Rendell’s general election opponent in the 2002 gubernatorial campaign. 

In the fall of 2002, following enactment of Act 57 of 2002 (the Fair Share Act reforming joint and several liability), Fisher questioned Rendell’s sincerity in supporting that measure. Rendell responded with a ‘how dare he’ press release, which stated his strong support for what the legislature passed.

The Rendell campaign even had a ‘white paper’ on “Medical Malpractice and Tort Reform” which states, “Ed Rendell continues to support Act 57 (as enacted by the General Assembly.” He even went as far as calling on House Democratic leaders, who had brought legal action to strike down Act 57 on procedural grounds (a move that was ultimately successful), to drop their litigation.

As governor-elect, he stood with then Governor Mark Schweiker and congratulated him for signing Act 57. 

So, here we are in 2006 and Gov. Ed Rendell has vetoed the bill with the identical language he strongly supported in 2002. Unfortunately, this seems to be a trend. 

He campaigned on a platform of opposition to increasing the minimum wage because he said it would lead to job josses. But he now supports a 40 percent increase in the minimum wage with an annual cost of living adjustment.

As a candidate, he said the cost of a job in Pennsylvania was too high. Since his election, he worked for higher taxes on manufacturers and other businesses. 

What gives here? Ed Rendell came to Harrisburg with this reputation of making tough decisions; of standing up to labor in Philadelphia. I couldn’t figure it out.

I think I’ve solved the mystery though. The other day I saw a promo on TV for one of those shows on Discovery Channel on ‘alien abduction.’ That’s it!  Some time after the election, he must have been driving in one of the rural parts of Pennsylvania and some aliens grabbed up our ‘pro-business’ governor elect and replaced him with a liberal, anti-free enterprise model. This one still loves the Eagles, but that’s about it.

So to whoever, or whatever, took Ed Rendell in 2002—bring him back! The one you left is killing us!