State News
2007 Budget Hearing
Schedule
Act 55 Challenges
Celebrate “Pennsylvania Nonprofit Day”-- April 17, 2008
Committee Schedules
Filmmaker Tax Credit Bill
Games of Chance
News Articles
Open Records Bill
OSHA
Statewide 2-1-1 System
"Unfair" Competition
Bill
New Welfare Bill Requiring ID Cards for
Recipients Will Prove Costly
Wine Auctions as Charity Benefits
Articles
Senator's wife earns top dollar from Beaver Co. nonprofit,
Pittsburgh Tribune-Review, Brad Bumsted and Debra Erdley,
Sept. 2, 2007
Committee Schedule:
The House Committee:
http://www.legis.state.pa.us/WU01/LI/CO/HM/COHM.HTM.
The State Senate Committee (including meetings of legislative
agencies):
http://www.legis.state.pa.us/WU01/LI/CO/SM/COSM.HTM.
Updates
4/10/08
Celebrate “Pennsylvania Nonprofit Day”-- April 17, 2008
Join PANO and Pennsylvania’s nonprofits on
April 17, 2008 on the floor of the State House in Harrisburg,
for the first Pennsylvania Nonprofit Congress. For details and
to register, visit www.pano.org.
Yesterday afternoon (4/9/08), the State Senate, in support of
PANO, NCNA and the Pennsylvania Nonprofit Congress, adopted
Senate Resolution 293
hereby recognizing that…April 17, 2008, is
"Pennsylvania Nonprofit Day" throughout the Commonwealth.
The Resolution was introduced by State
Senator Andrew Dinniman of Chester and Montgomery Counties.
Senator Dinniman and his staff are dedicated to the causes
championed by PANO on behalf of the nonprofit community and has
publicly demonstrated this commitment. He has also agreed to
serve as the Senate Chair for the Pennsylvania Charitable
Nonprofit CAUCUS, a new initiative spearheaded by PANO and the
United Way of Pennsylvania, to be launched later this year.
Filmmaker Tax Credit Bill
10/10/07 Support Youngblood’s
Charitable Giving Bill HB1433. PA Representative
Youngblood’s Charitable Giving Legislation will generate $7.5
million in charitable contributions annually. HB1433 would
require filmmakers who receive tax credits for filming in
Pennsylvania, to pay 10% of that tax credit to a Pennsylvania
charity, civic group, or volunteer fire company.
9/24/07 PA Rep Youngblood
Introduces Charitable Giving Legislation. On September 24,
State Representative Rosita Youngblood introduced the much
anticipated charitable giving bill
HB1433. This bill will require filmmakers who receive tax
credits for filming in Pennsylvania, to pay 10% of that tax
credit to a Pennsylvania charity, civic group, or volunteer fire
company. HB1433 would amend amending Section 1704 -D of the
current Filmmaker Tax Credit law to redirect $7.5 million each
year to help local charities serve our communities.
The Filmmaker Tax Credit law (previously SB97) was signed by
the Governor on July 25, 2007, the charitable giving requirement
had been removed. The governor determined that giving $75
million of taxpayer money each year to Hollywood filmmakers was
a priority for the Commonwealth. By reducing this enormous tax
credit from $75 million to $67.5 million Youngblood will ensure
that at least some of this money will stay in Pennsylvania to
improve the quality of life in Pennsylvanian, not in Hollywood.
9/5/07 Youngblood to
Introduce Charitable Giving Bill on Filmmakers Tax Credits.
Rep Youngblood (D-198) circulated a co-sponsorship memo for a
stand-alone amendment to the now Filmmaker Tax Credit Law. Just
like the Youngblood and Cruz amendment to SB97 (that was cut
from the bill in Senate Committee), Youngblood’s stand-alone
bill would force 10% of the $75 million annual tax credit money
to be donated to a local charity, civic group, or volunteer fire
company. Youngblood’s charitable giving bill to amend the
filmmaker tax credit law would keep more tax credit dollars in
Pennsylvania and provide $7.5 million dollars each year to help
local charities serve their communities.
Act without Youngblood Charitable Giving Provision (prior
versions have charitable language)
Youngblood Press Release 7/9/2007
Youngblood's Memo 9/2007
Proposed
legislation amending Section 1704 -D 9/2007
7/16/07
Senate Cuts Charitable Giving Provision from Filmmaker Tax
Credit Bill. On Sunday, July 15, the charitable giving
provision in Rendell’s Filmmaker Tax Credit Bill SB97 was cut by
the Senate. On July 10, the House passed SB97 with the amendment
by a 197-5 vote. The Youngblood and True amendments to SB97
would have required that filmmakers filming in Pennsylvania
donate up to 10 percent of their tax credit– directly though a
financial, fundraiser or via in kind services – to a
Commonwealth-based nonprofit. The tax credit itself will give
film companies who spend 60 percent of their production budget
in Pennsylvania a $1 tax credit for each $4 spent. The
charitable provision would have permitted these filmmakers to
donate $1 to charities for every $10 they claimed in tax
credits.
According to Tony Ross, President of the United Way of
Pennsylvania, having to give $25,000 to a charity or church so
that your filmmaking company can receive a $250,000 tax credit
is a bargain. Besides, most industries that receive tax credits
in Pennsylvania support local nonprofits. Bankers,
manufacturers, retailers, doctors, lawyers each make charitable
donations, but few local charities benefit from the production
of a film.
The charitable giving provision was stripped from the bill by
the Senate Rules Committee in an effort to keep the bill
uniform. According to budget negotiators, no other tax credit
has a similar charitable donation requirement. Both chambers are
expected to approve the new bill today (without the charitable
giving incentive), and the Governor is expected to sign it.
The latest version of the
SB97 (PN1327).
PANO
Press Release.
Open Records Bill
11/28/07 New Open Records
Bill Less Harmful to Charities; Passes in State Senate. On
Nov. 28, 2007, a revised version of SB1 (PN1583) passed the
Senate by a 48-1 vote. This new bill lacked the harmful
provisions of prior version of SB1. under prior versions,
charities with State or local government contracts would be
unduly burdened by the costs of records disclosure and
retention.
On Nov. 21, 2007, Representatives Mahoney, Grell, Shapiro,
DeWeese and others introduced HB2072 (PN2905) to replace HB443
as the new vehicle to amend the State’s 50 year-old
Right-to-Know law.
PANO, Catholic Charities, and others have shared with Senate
leadership and the House, our concerns on language of the
Right-to-Know bills as applied to charities with State or local
government contracts. Currently, neither the Senate bill nor the
House bill seem to subject charities with government contracts
to increased records disclosure obligations.
These amended versions represent a significant improvement
over prior versions. The new language appears to limit
right-to-know requests to records of a Commonwealth or local
agency rather than to records of a nonprofit contractor. While
we have been successful, we must remain vigilant. Differences
between the House and Senate bills must be worked-out in
conference committee, where the situation could change again. We
will continue to engage on this issue until a right-to-know bill
that does not unnecessarily burden charities is signed into law.
11/19/07 Open Records bills
likely to move forward in last week of November. The effort
to update Pennsylvania's 50-year-old Right-to-Know Law is based
in part on a belief that passage of an open records law offers a
victory for the reform-minded freshman legislators.
Under prior versions of
SB1, charities with State or local government contracts
would have faced significantly greater disclosure obligations
and associated costs. With the November 14 addition of the word
“PUBLIC” on page 15 line 23 of SB1 (PN1553) and the November 19
addition of the word “PUBLIC” on pages 16 lines 4 and 6 to SB1
(PN1562), it is believed that the Senate has now fixed the
problem with the bill.
The House and Senate versions remain quite different. House
Majority Leader Bill DeWeese has called for an immediate vote on
the HB443. But HB443 last moved in the House on October 30,
2007. HB443 still poses a significant problem for the charitable
community. SB1 on the other hand is now on Second consideration
in the Senate, and is likely to serve as the vehicle for open
records reform. Both bills will have to wait until next week,
for a vote and the inevitable conference committee.
11/7/07 Open Records Bill
Will Cost Charities With Government Contracts. Nonprofits
contracting with county or local agencies will be treated as
State agencies under the new version of the Open Records bills
currently being considered by the General Assembly. These bills
SB1 and
HB443 would require contracting charities to respond to open
records requests directly to the public, without a State
regulatory agency acting as an intermediary. While this would
replace Pennsylvania’s 50-year-old Right-to-Know law and
streamline the process, increased costs will be shouldered by
the organization required to respond to the records request.
On Oct. 29, 2007 the Senate State Government Committee gutted
and amended the original version of SB1 (PN772). The amended SB1
(PN1509) will be a problem for many charities with state or
local contracts.
The new version SB1 (PN1509) does not make a contractor an
"agency" for purposes of directly responding to public records
requests. But, records in the possession of third party
contractors which directly relate to performing a governmental
function for an agency will be subject to records requests. (See
SB1(PN1509) §506(D) pp.38-39). This represents a major change in
the current Right-to-Know Law which limits records that must be
produced to those "maintained by an agency."
Under SB 1(PN1509), a request for records in the possession
of an independent entity or contractor (rather than “maintained
by a governmental agency”) would be made directly to the
governmental agency. However, the governmental agency and the
third party contractor would be responsible for producing the
public record(s). Nonprofit organizations subject to these
records requests would be required to divert limited staff and
resources to locating and producing these records. There is no
provision that would reimburse contractors for the
administrative costs or employee staff time used responding to
records requests.
On Oct. 30, 2007, the House amended HB443 and moved it to
second consideration. The House plans to take-up HB443 (PN2800)
again during the week of Nov. 13.
Each open records bills will pass their respective chamber.
Their differences will be reconciled over the next few weeks by
a joint committee. The legislature sees passage of an open
records law as a major reform, and expects to pass this before
the end of the year.
While this is not typically within the scope of PANO’s public
policy activity, it will impact thousands of charities
throughout the State. If this issue is important to you or your
organization, please contact David Ross to discuss response
options david@pano.org.
OSHA
8/15/07 OSHA Worker Safety
Standards to Extend to Charities? A new bill (HB1325)
was introduced in the State House on June 5 to extend OSHA
worker safety standards to State workers and Charities. For
State workers and for some charities, workplace safety has been
governed by a General Safety Law, which is less stringent and
less expensive to implement than are OSHA requirements. The
House Labor Relations Committee has scheduled a hearing for
September 10 in Harrisburg. If this bill would impact your
charity please contact David Ross at
david@pano.org.
Welfare ID Cards
7/12/07 New Welfare Bill Requiring ID Cards for Recipients Will
Prove Costly. On July 12, the welfare reform bill
HB83 passed the House by a vote of 197-1. Included in the
bill was a provision requiring social service recipients to
carry and present a special photo ID card before receiving food
stamps, Medicaid, or participating in TANF. DPW would be
required to place the photo of an assistance recipient on all
benefit cards so that cards can only be used by the approved
user.
This provision was amended to the bill on the House floor and
received minimal news coverage. According to welfare advocates
and DPW sources, requiring ID cards will prove costly to
administer for health care providers, county social service
providers and for charities that serve low income families and
individuals. The concern is that precious resources and
countless hours will be spent helping recipients navigate the
process of getting an ID or in teaching their own staff when and
how to check IDs.
Similar legislation was enacted in Colorado in 2006 with
dismal results. Colorado has spent an estimated $2 million
administrating their Welfare ID law and realized no cost savings
whatsoever. While the Colorado law was designed to prevent
illegal aliens from receiving public benefits, the Pennsylvania
provision, arguably, has a similar purpose. For more information
on the Colorado experience go to
www.coloradoidproject.org.
HB 83 now heads to the Senate. For more information or to get
involved contact Richard Weishaupt at Community legal Services,
Inc. at
RWeishaupt@clsphila.org.
For analysis on HB83 and welfare in Pennsylvania go to
http://www.pennbpc.org/understanding_welfare.php.
Wine Auctions
6/27/07
House Passes Bill to Allow Charities to Benefit From Wine
Auctions. The House proposed by Rep. Mario Scavello passed
the House by a vote of 177-23.
HB 1481 would allow select charities to receive special
permits for fundraising wine auctions. Other charities who are
interested in hosting wine auctions must petition for a permit.
Select charities include nonprofit hospitals; certain nonprofit
public television stations; orchestras or museums, and
organizations that train and place dogs for people with physical
handicaps. The bill now moves to the Senate for consideration.
Opportunities
2-1-1 System
A 2-1-1 system in Pennsylvania?
United Way of Pennsylvania, in partnership with the Pennsylvania
Association for Information and Referral, has initiated
a statewide collaborative to introduce legislation on 2-1-1.
N-1-1 lines are already used for emergencies 911 and other
purposes. 2-1-1 is a system to get people referred to conceivably
any kind of service in their community with the exception
of emergency care. 911 will still be the number used for
emergencies. The partners have modeled the approach on
the efforts in several other states, especially North Carolina
and Ohio. Many details need to be worked out. This is a
complicated project between the telephone system challenges,
developing the database of providers, designing a system
for fair and neutral references and more. If you would
like to join the collaboration or more information about
the collaboration, call the United Way of Pennsylvania
at 717-238-7365 or go to www.uwp.org.
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