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Judge Wettick rules in BOMA's favor on "Displaced Workers" lawsuit:

Commonwealth Court affirms decision!

In November of 2006, Judge Stanton Wettick ruled that the City of Pittsburgh had exceeded its authority by creating 'displaced worker' legislation. Bill 2004-0794 required buildings changing contractors to require the new contractor to hire the previous contractor's employees. The City and intervening defendant SEIU appealed the ruling.   A Commonwealth Court hearing was held in May, and on July 19, 2007 The Commonwealth Court affirmed Judge Wettick's decision.

While we work locally to represent our industry, we have a dedicated and experienced staff in Washington DC working full time to protect and advance the interests of Commercial Real Estate.

PA House Bills Being Tracked

The following bills were introduced into the PA legislature and are being tracked by our Legislative Committee. The bills can be reviewed by clicking on the following link:
http://www.legis.state.pa.us

HB 36 Thomas (PN 61) The First Responder Building Mapping System
Act requires the PA Emergency Management Agency (PEMA) to establish and operate a Statewide first
responder building information system that would be based on the Internet through a secure site. All
State agencies and political subdivisions would utilize building mapping software that complies with
the building mapping data and software standards established in the legislation for any building
mapped for this purpose after the system is operational. If a political subdivision has already
utilized building mapping data, it may continue to use its own building mapping system unless PEMA
provides funding to bring the political subdivision's building mapping system in compliance.
All buildings owned, leased or controlled by a State agency or political subdivision that are occupied by
State or political subdivision employees must be mapped when funding for that purpose is provided by
the agency or from other sources. Additionally, the legislation requires PEMA, in consultation with the
office, Statewide associations of political subdivisions and the Pennsylvania State Police, to
convene a committee to establish guidelines related to the system. Among other duties, the committee
would be responsible for developing the type of information and buildings to be included in the
system and the building mapping software standards.

Last Action: 3-20-07 H Discussed in committee - upcoming public hearing to be held, House Intergovernmental Affairs

HB 45 Rubley (PN 70) The High-Performance, State-Funded Buildings
Standards Act requires facilities leased or owned by the state to comply with certain energy and
environmental standards outlined in the Act.

Last Action: 1-30-07 H Introduced and referred to committee on House Environmental Resources and Energy

 

HB 235 Miller (PN 265) Amends the Landlord Tenant Act to provide
for a landlord to request an immediate writ of possession after the rendition of a judgment and
other provisions regarding the failure to pay.

Last Action: 2- 5-07 H Introduced and referred to committee on House Judiciary

HB 349 Cohen (PN 399) Amends the Minimum Wage Act increasing the
minimum wage to $8.15 an hour beginning January 1, 2008, $8.75 an hour beginning January 1, 2009 and
$9.35 an hour beginning January 1, 2010. The bill also adds that beginning January 1, 2011, and each
year thereafter, the minimum wage would be increased by an annual cost-of-living adjustment.

Last Action: 2- 9-07 H Introduced and referred to committee on House Labor Relations

HB 469 Dally (PN 530) Amends the Taxpayer Relief Act further providing for public referendum requirements by
stating that the revenue generated by increasing the rate of a tax by more than the index can be used to
pay for costs related to an increase in the district's portion of the maintenance of a community
college to which the school district is a local sponsor.

Last Action: 2-26-07 H Introduced and referred to committee on House Education

HB 615 Keller, W (PN 681) Amends the First Class Cities Economic Development District Act further providing for a new
round of designations to be proposed before July 15, 2007. The order would have to specify a length of
time, though could last no longer than 2020. Property identified under the previous executive
order would be ineligible.

Last Action: 3- 6-07 H Introduced and referred to committee on
House Urban Affairs

HB 850 Turzai (PN 1004) Amends Title 42 (Judiciary) providing for comparative negligence by adding that where recovery
is allowed against more than one person, including actions for strict liability, and where liability is
attributed to more than one defendant, each defendant would be liable for that proportion of the
total dollar amount awarded as damages in the ratio of the amount of that defendant's liability to the
amount of liability attributed to all defendants and other persons to whom liability is apportioned.
Also, a defendant's liability would be several and not joint, and the court would enter a separate and
several judgment in favor of the plaintiff and against each defendant for the apportioned amount of
that defendant's liability. Nothing in this section would be construed in any way to create, abolish or
modify a cause of action or to limit a party's right to join another potentially responsible party
relating to comparative negligence.

Last Action: 3-21-07 H Introduced and referred to committee on House Judiciary

HB 920 Turzai (PN 977) Amends the Municipalities Financial Recovery Act by deleting language allowing a city of
the second class A to petition court for tax increase. The bill adds that no municipality, court
or other entity may impose an earned income tax on a nonresident of a municipality under this act. Also,
the bill states that any earned income tax imposed pursuant to this act on a nonresident of a
municipality prior to the effective date of this section would be discontinued and would have no
force or effect 90 days after the effective date of this section.

Last Action: 3-19-07 H Introduced and referred to committee on House Finance

HB 1186 Levdansky (PN 1465) Amends the Tax Reform Code further providing, in corporate net income tax, for
definitions, for imposition, for reports and payment and for consolidated reports; and further providing,
in general provisions, for underpayment of estimated tax.

Last Action: 5-10-07 H Meeting set for 10:00 a.m., Council Chambers, 510 City Count, House Finance

HR 125 Turzai (PN 825) Concurrent Resolution resolving that it is the intent of the Pennsylvania General Assembly to
appropriate no additional funds for the construction of the North Shore Connector, the twin tunnels which
are slated to be built under the Allegheny River in Pittsburgh.

Last Action: 3-19-07 H Introduced and referred to committee on House Transportation

SB 347 Boscola (PN 383) Joint Resolution proposing an amendment to the PA Constitution authorizing the use of the
indirect initiative and referendum as powers reserved to the people.

Last Action: 3-12-07 S Introduced and referred to committee on Senate State Government

SB 435 Corman (PN 483) Amends Title 42 (Judiciary and Judicial Procedure) providing for comparative negligence by
adding that where recovery is allowed against more than one person, including actions for strict
liability, and where liability is attributed to more than one defendant, each defendant would be liable
for that proportion of the total dollar amount awarded as damages in the ratio of the amount of
that defendant's liability to the amount of liability attributed to all defendants and other
persons to whom liability is apportioned. Also, a defendant's liability would be several and not
joint, and the court would enter a separate and several judgment in favor of the plaintiff and
against each defendant for the apportioned amount of that defendant's liability. Nothing in this section
would be construed in any way to create, abolish or modify a cause of action or to limit a party's right
to join another potentially responsible party.

Last Action: 3-14-07 S Introduced and referred to committee on Senate Judiciary

SB 707 Folmer (PN 783) The "Taxpayer Protection Act" states that total spending by the Commonwealth in any fiscal
year would not exceed the spending appropriation limit, which is the average percentage change in
personal income in PA for the three preceding calendar years or the average percentage change in
inflation for the three preceding calendar years plus the average percentage change in the State
population for the three preceding years. The bill also provides for the distribution of surplus funds,
establishing the Taxpayer Protection Fund, and repealing provisions of the Fiscal Code relating to
the funding of a stabilization reserve.

Last Action: 4-26-07 S Discussed in public hearing on 4/26/07, Senate Republican Policy Committee

 

How an investment in BOMA Membership pays off:

Codes:  We've kept several onerous and costly proposals from being written into the model building codes.  Savings to the industry:  $900 million annually

Taxes:  BOMA was instrumental in legislation that lowered the capital gains tax rate from 20% to 15%.  In addition the leasehold depreciation schedule for tenant improvements reduced from 39 years to 15 years.  An estimated $1.2 billion in annual tax savings.

Energy Policy:  After five years of debate, we persuaded Congress to include tax incentives for energy efficient commercial buildings.  Potential savings?  $1.80/sf or $360,000 for a typical 200,000 sf building.

Terrorism Insurance:  BOMA worked hard on TRIA (Terrorism Risk Insurance Act) in 2002 to ensure that terrorism coverage would be avilable and affordable.   Additional hard work has extended the Act beyond 2005.    Value?  Priceless

As anyone in advocacy can relate, actions by constituents have the greatest impact on elected officials. BOMA monitors and responds to legislative and regulatory initiatives, and at the same time we proactively offer our member's expertise on the various issues Congress or the federal agencies are seeking to address. BOMA's effectiveness in conveying the concerns of building owners and managers is strengthened by members' testimony, targeted letter writing campaigns, and meetings with the representatives.

 

Advocacy's up-to-the-minute information is relayed to our members through a variety of vehicles. Developments are transmitted via our biweekly newsletter (Potomac Currents), our quarterly codes update (Up to Code), BOMA monthly magazine (BOMA.org), emails, faxes, and direct mailings. Additionally, most of our written resources such as sample letters or submitted testimony, can be downloaded from BOMA's homepage at www.boma.org