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
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