Will Michael Nutter Be the Deciding Vote on the Shale Bill?

Update: The Pennsylvania Senate approved the shale fee bill Tuesday by a vote of 31-19. The House followed suit Wednesday, approving it by a narrow vote of 101-90.

Will Philadelphia Mayor Michael Nutter be the deciding vote on a bad Marcellus Shale bill?

In typical fashion, the Pennsylvania Legislature is ramming through a shale bill, including a natural gas drilling fee, at the very last minute that is worse than anything we have seen so far.

Rumors are that the Mayor is pressuring Philadelphia Senators to take the deal, which is bad for all Pennsylvanians and not so hot for Philly.

There has been tremendous pressure on Southeastern Senators to hold out for a tax that is more than a pittance, and to restore to local governments the constitutional right to protect their communities from the excesses of drillers gone wild.

The Democratic leadership team of Jay Costa and Vince Hughes have breathed life into a Democratic Caucus that has existed pretty much to collect their paychecks. They have done a fabulous job pushing for strong environmental protection against a legion of gas lobbyists, while the Governor’s inclination is to give the drillers the keys to the state and walk away. Philadelphia Senators Vince Hughes and Tony Williams are the most likely to take the bait.

We need a round two on the shale bill. Our Senators, and the Mayor, should hold out for a better deal.

Pennsylvania Legislators Shoot Down Pigeons-Again

by Walter Brasch

If the first year gross anatomy class at the Penn State Hershey medical school needs spare body parts to study, they can visit the cloak room of the Pennsylvania House of Representatives. That’s where most of the legislators left their spines.

The House voted 124-69, Dec. 13, to send an animal welfare bill back to committee, in this case the Gaming Oversight Committee. The bill, SB 71, would have banned simulcasting of greyhound races from other states. Pennsylvania had banned greyhound racing in 2004. Among several of the current bill’s amendments were ones that would also have banned the sale of cat and dog meat, increased penalties for releasing exotic animals, and stopped the cruelty of live pigeon shoots.

It’s the pigeon shoot amendment, sponsored by Rep. John Maher (R-Allegheny), that caused legislators to hide beneath their desks, apparently in fear of the poop from the NRA, which lobbied extensively against ending pigeon shoots. The unrelenting NRA message irrationally claimed that banning pigeon shoots is the first step to banning guns. The NRA even called the Humane Society of the United States (HSUS) a radical animal rights group.

The House action leaves Pennsylvania as the only state where pretend hunters, most of them from New Jersey and surrounding states where pigeon shoots are illegal, to come to Pennsylvania and kill caged birds launched in front of spectators and the shooters.

Most pigeon shoots are held in Berks County in southeastern Pennsylvania, with one in the nearby suburban Philadelphia area. Scared and undernourished birds are placed into small cages, and then released about 20 yards in front of people with 12-gauge shotguns. Most birds, as many as 5,000 at an all-day shoot, are hit standing on their cages, on the ground, or flying erratically just a few feet from the people who pretend to be sportsmen. Even standing only feet from their kill, the shooters aren’t as good as they think they are. About 70 percent of all birds are wounded, according to Heidi Prescott, HSUS senior vice-president, who for about 25 years has been documenting and leading the effort to pass legislation to finally end pigeon shoots in the state.

Birds that fall outside the shooting club’s property are left to die long and horrible deaths. If the birds are wounded on the killing fields, trapper boys and girls, most in their early teens, some of them younger, grab the birds, wring their necks, stomp on their bodies, or throw them live into barrels to suffocate. There is no food or commercial value of a pigeon killed at one of the shoots.

The lure of pigeon shoots, in addition to what the participants must think is a wanton sense of fulfillment, is gambling, illegal under Pennsylvania law but not enforced by the Pennsylvania State Police.

The International Olympic Committee banned the so-called sport after the 1900 Olympics because of its cruelty to animals. Most hunters, as well as the Pennsylvania Game Commission, say that pigeon shoots aren’t “fair chase hunting.” Almost every daily newspaper in the state and dozens of organizations, from the Council of Churches to the Pennsylvania Bar Association, oppose this form of animal cruelty.

On the floor of the House, Rep. Rosita C. Youngblood (D-Philadelphia), usually a supporter of animal rights issues, spoke out against voting on the bill, and asked other Democrats to go along with her. Youngblood is minority chair of the Gaming Oversight committee.

Youngblood’s chief of staff, Bill Thomas, emphasizes that Youngblood’s only concern was to protect the integrity of the legislative process. Although some members truly believed they voted to recommit the bill for procedural reasons, most members were just simply afraid to vote on the bill. Voting to recommit the bill were 52 Democrats, many of them opposed to pigeon shoots; 35 voted to keep it on the floor for debate. Among Republicans, the vote was 72-34 to send the bill to committee.

The Arguments

Germaneness: The Republican leadership had determined that all amendments to bills  in the current legislative session must be germane to the bill. “You can’t hijack a bill,” many in the House, including key Democrats, claimed as the major reason they voted against SB71.

However, the Republicans, with a majority in the House and able to block any bill in committee that didn’t meet their strict political agenda, raised “germaneness” to a level never before seen in the House. For decades, Democrats and Republicans attached completely unrelated amendments to bills. Even during this session, the Republicans, in violation of their own “rules,” attached amendments to allow school vouchers onto several bills, many that had nothing to do with education. But, the Greyhound racing bill was considered under both gambling and animal cruelty concerns. Thus, the amendment to ban pigeon shoots could also be considered to be an animal cruelty amendment and not subject to the Judiciary Committee, where it was likely to die.

Separate bill. Several legislators believed the attempt to stop pigeon shoots should have been its own bill, not tacked onto another bill.

However, only twice have bills about pigeon shoots come to the floor of the House. Most proposed legislation had been buried in committees or blocked by House leadership, both Democrat and Republican, most of whom received support and funding from the NRA, gun owner groups, and their political action committees (PACs). In 1989, the Pennsylvania House had defeated a bill to ban pigeon shoots, 66-126. By 1994, three years after the first large scale protest, the House voted 99-93 in favor of an amendment to ban pigeon shoots, but fell short of the 102 votes needed for passage.

The bill would duplicate or repeal a recently-signed law:

Rep. Curt Schroeder (R-Chester Co.), chair of the Gaming Oversight committee, sponsored the House version of the Senate’s bill. If it was truly an unnecessary bill, he or the leadership could have previously sent it to committee for reworking or killed it. According to sources close to the leadership, despite his concern for animal welfare, Schroeder was not pleased about the amendments tacked onto his bill.

Short time to accomplish much: Several Democrats believed that by spending extraordinary time on the bill, necessary legislation would not be brought to the floor and the Republicans could then blame the Democrats for blocking key legislation.

However, both parties already knew how they would vote for redistricting (the Republicans had gerrymandered the state to protect certain districts), school vouchers, and other proposed legislation.  Further, the Republican leadership could have blocked putting the Greyhound bill into the agenda or placed it at the end of other bills. Even on the floor of the House, the leadership could have shut down debate at any time. Thus, the Democrats’ argument about “only four days left” is blunted by the Republicans’ own actions. During 2011, the House met only 54 days when the vote on SB 71 was taken. If the House was so concerned about having only four days left in the year to discuss and vote upon critical issues, it could have added days to the work week or increased hours while in session. Speaker Mike Turzai (R-Allegheny), to his credit, wanted a vote, although he personally opposed the pigeon shoot amendment. “Let’s put this issue to rest,” he told the members. Taking the time to debate the bill, says Bill Thomas, “wasted taxpayer money and time.” However, “the amount of time spent avoiding the bill,” counters Prescott, “wastes far more time and resources than voting on it.”

Nevertheless, no matter what the arguments, sending the bill to committee was a good way to avoid having to deal with a highly controversial issue. It allowed many legislators to pretend to their constituents that they still believe in animal welfare, while avoiding getting blow-back from the NRA or its supporters. Conversely, it allowed many of those who wanted to keep pigeon shoots to avoid a debate and subsequent vote, allowing continued support from pro-gun constituents who accept the NRA non-logic, while not offending constituents who believe in animal welfare.

Whatever their reasons, the failure of the many of the state’s representatives to stand up for their convictions probably caused legislation to ban this form of animal cruelty to be as dead during this session as the pigeons whose necks are wrung by teenagers who finish the kill by people who think they’re sportsmen but are little more than juveniles disguised in the bodies of adults.

[Walter Brasch is an award-winning syndicated social issues columnist, former newspaper and magazine reporter and editor, whose specialties included public affairs/investigative reporting. He is professor emeritus of journalism. Dr. Brasch’s latest novel is Before the First Snow, a story of the counterculture and set in rural Pennsylvania.]

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Walter M. Brasch, Ph.D.

Latest Book: Before the First Snow: Stories from the Revolution

(www.greeleyandstone.com)

www.walterbrasch.com

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A Few Cutting Remarks

Throughout the country, the taxpayers have been revolting. Shocked by the enormity of the taxpayer revolt, and the untimely retirement of several hundred politicians, today’s current legislators, civil servants, and business executives have suddenly became the “people’s champions.” In a parallel universe, we can report the following, just since the latest election:

— Congress got the taxpayers’ message, and cut tax-supported junkets to only 15 per member. “The people have spoken,” said Rep. Horace Sludgepump from the Bahamas where he was on a fact-finding tour for the Maritime subcommittee. However, Rep. Sludgepump cautions that forcing Congressmen to stay at home and work for a living could bring chaos to the nation. Nevertheless, he promises to cut expenses even further three months before the next election.

— The Department of Defense was able to significantly reduce its budget by cutting back on the hours its golf courses and officers clubs were open. Complaining about the cuts were tax-reforming members of Congress whose districts were in the golf club re-appropriation. However, they were voted down by congressmen from Iowa, Kansas, Nebraska, and South Dakota who were pleased to tell their constituents there would be new naval bases in their states.

— The Governor’s office announced that although the administration was forced to make severe cuts in education and human services, by strict cost-counting measures it was able to maintain staff salaries, and keep off the unemployment lines 125 administrative assistants, 265 executive assistants, 835 assistants to the administrative assistant, and 1,255 deputy special assistants.

— The budget cuts directly affect the nation’s 200,000 homeless veterans. But, there’s an upside to this. Sixty-three-year-old Cpl. Willie Joe Lumpkin, a veteran of the Vietnam and Persian Gulf wars, re-enlisted. “After being downsized three times in the past decade and having the bank foreclose on my mortgage,” says Lumpkin, “at least I now have a bed and meals.” Lumpkin is expected to have shelter in Afghanistan for at least the next year.

— The president of Mammoth State University said that it too will cut expenses. Beginning next semester, the university will eliminate the departments of history, journalism, and philosophy, recruit high school students with at least a “C-” average who are willing to pay the increased tuition rates, add low-paid graduate assistants to teach megasection classes formerly taught by full-time professors, and cut the library budget by 35 percent. When asked if those changes weren’t severe, the President replied, “We tried to be as humane as possible. We allowed our 1,249 administrators to keep their jobs, have maintained our $6 million football program without restriction, and added three more PR people to better explain the mission of the university.”

— Slagheap World Airlines announced that in the spirit of national cost cutting, it would cut back its cockpit crew to one pilot and eliminate flight attendants, meals, and life rafts. “This way,” said the president, “we won’t have to penalize our loyal stockholders by lowering our return on investment.”

— The Association of American Landlords, which had lobbied extensively against annual safety inspections and property tax increases because they would be unfair to their tenants who would be required to pay higher rents, has also made concessions. Beginning September, in the spirit of tax reform, the landlords will sub-divide all apartments, and raise rents only 10 percent. “Sharing a bathroom and kitchen will bring people closer together,” said the Association president from his McMansion Media Room.

— Newspapers have been swept up in the spirit of reform. At the Daily Bugle, publisher Ben “Cash” Fleaux, from his villa in Bermuda, announced that his newspaper was forced to eliminate stories about local government, consumer and environmental reporting, and news of the courts when it cut its editorial staff by half in order to maximize profits during the Recession. To compensate, the Bugle is running more PR releases and added more stories about celebrities in rehab.

— The medical insurance industry, in keeping with the spirit of cost cutting, today announced it was cancelling coverage for 25 percent of its subscribers. “We hated to do it,” said an insurance spokesperson, “but some people insist on getting catastrophic illnesses, and that’s unfair to the rest who are healthy and don’t apply for benefits.”

— Finally, Dr. Guy Nacologist, the state’s richest obstetrician, announced that in keeping with the spirit of tax reform, he was now requiring all his patients to deliver their babies in eight months, thus saving a full month. When asked if he had also considered lowering his fees, he looked at the reporter, and then pointedly proclaimed that with the increase in country club fees, his patients were lucky he didn’t raise their costs by a similar amount.

[Walter Brasch says that since columnists are the soul of a newspaper, they should be downsized only after the last editor shuts off the lights in the newsroom. He reminds his readers that without their support, he’s likely to become unemployed and a burden on their hard-earned tax dollars. His next book is Before the First Snow: Stories from the Revolution, available at amazon.com and other stores after June 20. Also check out his YouTube video.]