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House
Agriculture & Rural Affairs Committee Reports Reports
provided by PA Legislative Services HOUSE AGRICULTURE AND RURAL AFFAIRS COMMITTEE Discussion of 2008 priorities By The committee met to discuss the
committee's plans and priorities for 2008. Committee Chairman Michael Hanna
(D-Clinton) noted a survey has been circulated among the committee members to
determine what may be of interest to them in the coming year in terms of
legislation and hearings. Minority Chairman Art Hershey
(R-Chester) said he believes the committee should consider hearings on the
following two "clean and green" bills: HB 667 Sonney - (PN 754) Amends the PA Farmland
and Forest Land Assessment Act providing for removal of land from
preferential assessment if the landowner notifies in writing the county
assessor on or before June 1 of the year immediately preceding the tax year
for which the removal is requested; the entire tract or tracts enrolled on a
single application for preferential assessment is removed from preferential
assessment; and the landowner pays rollback taxes on the entire tract or
tracts as provided in the Act. The bill also states that a landowner
receiving preferential assessment may remove land from the preferential
assessment without penalty if a statutory change becomes effective which
results in an increase in the total use value assessment as established in
the act if the landowner follows the notification provisions of the bill. Any
land removed from preferential assessment would not be eligible to be
subsequently reenrolled by the same landowner. In addition, if a statutory
change becomes effective which causes an enrolled tract to no longer meet the
eligibility requirements of the act, no breach of preferential assessment
would be deemed to have occurred; and no rollback taxes or other penalties
would be imposed if the tract continues to meet the term of eligibility at
the time of initial or amended enrollment. The tract would continue to
receive preferential assessment under the terms applicable to the tract at
the time the office of the county recorder of deeds recorded a preferential
assessment docket for the tract. HB 1960 Hershey - (PN 2718) Amends the PA
Farmland and Forest Land Assessment Act by allowing for assistance payments
to be made out of the General Fund to local taxing authorities that would
otherwise lose ten percent or more of their assessed value as a result of the
act. He explained to the committee
members that Rep. Curt Sonney (R-Erie), prime
sponsor of House Bill 667, introduced his bill because of some confusion in Rep. Bob Bastian (R-Somerset)
suggested the committee should have someone who administers the "clean
and green" program come before the committee to explain to the members,
especially the newer ones, the program's regulations, how it is funded and
what changes are needed to improve it. Chairman Hanna told the committee
members, "I do not expect to reach an agenda today for this year but to
just start formulating that agenda." Rep. Bastian then asked for an
update on the dog law regulations. Chairman Hanna explained the proposed
regulations they reviewed a year ago are undergoing a serious review. He
said, "It is suspected there actually may be a legislative solution
proposed as well as the existing regulations being radically revised or even
perhaps new regulations submitted." He noted in the past year provided
opportunity for considerable input from the legislature, the public and the
regulated community. Chairman Hanna opined that the direction Rendell
Administration is currently taking is a result of that input. He said he
believes the Dog Law will be the subject that will be addressed by the
committee in the coming calendar year but "it is premature to say in
what form". Chairman Hanna also told the members the administration may
ask the committee to look at a particular piece of legislation and "that
will be an appropriate topic for a hearing." He added, "That
hearing would probably not just focus on that piece of legislation but focus
on the broader issue of any regulations which may be proposed." Rep. John Myers (D-Philadelphia)
indicated an interest in sources of alternative energy and the impact of biofuels on agriculture. He said there is a need to have
some discussion on how agriculture is going to play a role in the production
of biofuel. Rep. Myers said he would be
"interested in a hearing or a joint committee meeting or a study group
or whatever it would take to wrap our arms around that." Chairman Hanna
noted most energy bills are referred to the Environmental Resources and
Energy Committee and he would talk to them about a joint hearing. He also
indicated he was open to having a hearing on the subject. Rep. Babette
Josephs (D-Philadelphia) expressed concern with the use of corn as an
alternative energy source, the increased price of corn and its potential
impact on the international food market. She also expressed an interest in
developing organic farming in the Commonwealth. Rep. Josephs said many of her
constituents buy organic foods and want to buy it locally instead of from
farmers in Rep. David Kessler (D-Berks) said
he is circulating a bill pertaining to organic farming. He told the committee
the bill currently has 25 co- sponsors. He recommended the committee have a
field trip to the Rodale Institute in Kutztown so they could see the
advantages of organic farming. Representative Timothy Solobay (D-Washington) suggested the committee send a
letter to Secretary of Agriculture Dennis Wolff and the department
congratulating them on the success of this year's Farm Show. Chairman Hanna
said he would direct the staff to draft the letter. Rep. Scott Conklin (D-Centre) said
this year would be "an excellent opportunity to have hearings regarding
biomass". He said the committee should "go on the road" and
educate farmers and the public on the potential of biomass fuels. Rep. Peter Daley (D-Washington)
said that when he served as Minority Chairman of the committee, they looked
at the problem of the lack of availability of fresh fruits and vegetables in
the inner city of Rep. Gordon Denlinger
(R-Lancaster) told the committee the Chesapeake Bay Tributary Strategy is
"a huge issue with the farmers in my district". He expressed
concern with the impact on farmers and suggested the committee needs to
address the issues. Chairman Hanna indicated it is an issue they may want to
pursue with the Senate. Rep. Karen Boback
(R-Luzerne) recommended the committee look at providing incentives for switch
grass and sweet beets as alternative energy sources. Rep. David Millard (R-Columbia)
said he believes there is a need for a "refresher on clean and
green". He noted the list of bills in the committee fall in common
themes and wondered if to streamline the process in a bipartisan fashion, the
sponsors could get together on one bill so it would not be necessary to have
hearings of "a half dozen bills." Rep. Millard invited the
committee to meet at the Bloomsburg Fair later in the year. Rep. Michele Brooks (R-Mercer)
wanted to know if there is any information on the REAP program. According to
data provided by the Department of Agriculture, Chairman Hanna said the
department has received 232 applications totaling $9.37 million in credits
since the department began accepting them on January 2. He further explained
the department has approved approximately $1.1 million in credits so far.
Rep. Brooks noted the program has a budget of $10 million and said with the
upcoming budget, the legislators should make sure the program is adequately
funded. She also told the committee members she is circulating switch grass
legislation. Rep. Rosita Youngblood
(D-Philadelphia) expressed concern about the future of agriculture in the
Commonwealth and said there is a need to look at where it may be in 10 to 20
years. Rep. Jim Cox (R-Berks) said the
farmers in his district are concerned about the next generation of farmers.
He said the farmers have told him government regulations are "slamming
the door shut" on farmers and they want the "government off their
backs". Rep. Cox also said "it is the wrong role for government to
determine winners and losers". Chairman Hanna responded that with any
hearing the committee "needs to look at both sides." HOUSE AGRICULTURE AND RURAL AFFAIRS COMMITTEE Consideration of HB 1265 re Commercial Lending Activities and HB 379
re Ag Biosecurity Areas By Kim Collins, PA Legislative
Services HB 379 Cutler - (PN 443) Amends Titles 3 (Agriculture)
and 18 (Crimes and Offenses) providing for the definitions of "agricultural biosecurity
areas" and for posted notice"; and further adding a
subsection providing a person commits an offense if the person knowingly or
recklessly enters an agricultural biosecurity area
unless the owner or other authorized person expressly authorizes entry or
enters an agricultural biosecurity area without
performing the measures for biosecurity that by
posted notice are directed to be performed for entry into the area. The bill
further provides an offense under this is a misdemeanor of the first degree.
- The bill was unanimously reported as amended. A03681, by Hershey, adds plants to the
definition of "agricultural biosecurity
area". The amendment was unanimously adopted. A04843, by Hershey, was described as a
technical amendment that moves a phrase in the definition of
"agricultural biosecurity area" so it
modifies both clauses, as intended. The amendment was unanimously adopted.
A05074, by Hershey, removes the
Department of Agriculture's potential responsibility of determining what
would be in the "posted notice". The amendment was unanimously adopted.
A05150, by Hershey, clarifies that
domestic animals and plants used in research are part of an agricultural biosecurity area. The amendment was unanimously adopted.
A05182, by Hershey, adds language that
is standard in other trespass sections. The amendment was unanimously adopted.
Minority Chairman Hershey noted
all the amendments were requested by the Department of Agriculture. HB 1265 Conklin - (PN 1580) Amends Title 64
(Public Authorities and Quasi-Public Corporations) by defining
"commercial lending activities" as the making of loans and the
provision of deposit services to business entities, except that a farm credit
system institution under the Farm Credit Act need not offer deposit services
to qualify as a provider of commercial lending activities. The bill also
defines "commercial lending institution" as a federally chartered
or state-chartered bank, savings bank, savings and loan association or farm
credit system institution under the Farm Credit Act which has a satisfactory
rating from its primary regulator and which is engaged in commercial lending
activities. The institution must operate at least one full-service branch for
deposit gathering and lending located within PA. - The bill was unanimously reported
as amended.
Rep. Scott Conklin (D-Centre)
expressed support for the amendment and said he spoke with some
representatives from the banking industry and they support the amendment as
well. Rep. Michele Brooks (R-Mercer),
Minority Chairman Art Hershey (R-Chester) and Rep. Mark Keller (R-Perry) each
spoke in support of the amendment and the major improvement it makes to the
bill. Rep. Keller asked that the committee revisit the issue if this is
enacted to determine the use of the program and if this legislation was
effective. Rep. Peter Daley (D-Washington) suggested such hearings be with
the Commerce Committee, which also has a stake in the subject. Chairman Mike
Hanna (D-Clinton) agreed to such a possibility. He also noted the amendment
also affects the tourism industry. A04824, by Daley, was withdrawn. On the bill as amended, Rep.
Gordon Denlinger (R-Lancaster) asked if the
concerns from the banking industry were resolved. Rep. Conklin reiterated they
are comfortable with the amendment. Chairman Hanna added that while it is
fair to say the banking industry is supportive of the amendment, it is not
fair to say they are supportive of the overall bill. Rep. Brooks asked about tabling
the bill and having the suggested joint meeting to resolve their concerns.
Chairman Hanna noted the suggested meeting was recommended to be held after
enactment. He stated he is always willing to work to further refine
legislation before it is brought to the floor. Rep. Keller cautioned members to
be mindful that the bill will allow an organization to administer a taxpayer
funded program and receive a fee for administering that program. He
indicated, however, his support for the bill and its overall goal of trying
to help the agricultural industry. HOUSE AGRICULTURE AND RURAL
AFFAIRS COMMITTEE
Public hearing on HB 1265 & HB 379 By Jeff Cox, PA Legislative
Services The Committee held a public
hearing on the following legislation: HB 1265 Conklin -
(PN 1580) Amends Title 64 (Public Authorities and Quasi-Public Corporations)
by defining "commercial lending activities" as the making of loans
and the provision of deposit services to business entities, except that a
farm credit system institution under the Farm Credit Act need not offer
deposit services to qualify as a provider of commercial lending activities.
The bill also defines "commercial lending institution" as a
federally chartered or state-chartered bank, savings bank, savings and loan
association or farm credit system institution under the Farm Credit Act which
has a satisfactory rating from its primary regulator and which is engaged in
commercial lending activities. The institution must operate at least one
full-service branch for deposit gathering and lending located within PA. HB
379 Cutler
- (PN 443) Amends Titles 3 (Agriculture) and 18 (Crimes and Offenses)
providing for the definitions of "agricultural biosecurity
areas" and for posted notice"; and further adding a subsection
providing a person commits an offense if the person knowingly or recklessly
enters an agricultural biosecurity area unless the
owner or other authorized person expressly authorizes entry or enters an
agricultural biosecurity area without performing
the measures for biosecurity that by posted notice
are directed to be performed for entry into the area. The bill further
provides an offense under this is a misdemeanor of the first degree. Members in attendance included
Chairman Michael Hanna (D-Clinton), Minority Chairman Arthur Hershey
(R-Chester) and Representatives Karen Boback
(R-Luzerne), Scott Conklin (D-Centre), Mike Fleck (R-Huntingdon), Richard Grucela (D-Northampton), Gary Haluska
(D-Cambria), David Hickernell (R-Lancaster), Rob
Kauffman (R-Franklin), Mark Keller (R-Perry), David Kessler (D-Berks), David
Millard (R-Columbia), Dan Moul (R-Adams), Tina
Pickett (R-Bradford) and Timothy Solobay
(D-Washington). Chairman Hanna said the purpose of
the hearing was to gauge the committee members' interest in the legislation.
He said he would like to schedule the bills for a committee vote at a later
date. Rep. Bryan
Cutler (R-Lancaster), prime sponsor of HB 379, explained the provisions
of his legislation. He noted the Commonwealth is "already a leader in
Agriculture and Ag Sciences." Rep. Cutler told committee members,
"I am proud of our status as a leader in this area, but I firmly believe
that we should also be at the forefront of protecting our nation's food
supply." Joel Rotz, Director of State Governmental Relations for
the Pennsylvania Farm Bureau, testified in support of the legislation. He
explained the passage of Act 27 of 2006 created a new criminal offense of
eco-terrorism. Rotz told committee members,
"While the Pennsylvania Farm Bureau views Act 27 of 2006 as a major
legislative achievement in protecting farm families from acts of destruction
designed to disrupt their future participation in agriculture, the law does
not protect farm families from the consequences that unauthorized trespass of
biosecurity areas or failure to perform biosecurity measures can cause themselves." He said,
"The passage of HB 379 is need to send a clear legal message that all
persons must take very seriously their responsibility to not enter an
agricultural biosecurity area without permission
and comply with the farmer's biosecurity
measures." Rotz urged the committee to add
language to the bill requiring the establishment of clear measurable
guidelines "to ensure that determinations of whether individual farms
must have agricultural biosecurity areas are made
in a consistent and reasonable manner, and minimize the chances for
arbitrariness in decision making." He also recommended language to be
included in the definition of "agricultural biosecurity
area" to "definitively recognize that the requirements for compliance
with biosecurity apply to agricultural biosecurity areas on farm operations and other than
animal farm operations as well." Chairman Hanna wanted to know what
additional protections the bill will provide. Rotz
responded it will create a criminal offense for intentionally entering an
agricultural biosecurity area. Rep. Boback
wanted to know the legislation's impact on fairs and farm shows. Rotz said it would not have any impact. Rep. Cutler said
fairs do not qualify under the definition of an agricultural biosecurity area. Rep. Grucela
asked who would make the arrest for violations of the act. Rep. Cutler said
the State Police or local police. Rep. Moul
wanted to know who will determine what an agricultural biosecurity
area is. Rep. Cutler responded that the farm already makes that
determination. Rotz noted the establishment of an
area is to avoid a problem not to contain it. Rep. Haluska
expressed concern with the legislation's potential impact on hunting. He
wanted to know if farmers would be required to post their fields. Rotz said he could not cite a particular example when
that could occur but there is a "need to be open to that
possibility". Chairman Hanna asked if any other
state has enacted similar legislation. Both Rotz
and Rep. Cutler said they are not aware of any other state. HB 656 Bastian - (PN 714) Amends the PA Farmland
and Forest Land Assessment Act by adding that the owner of property subject
to preferential assessment may lease land covered by the preferential assessment
to be used for a wind power generation system when certain conditions are
satisfied. The bill further provides that roll-back taxes imposed on the
tract of land would be adjusted accordingly and the lease of a tract of land
would not invalidate the preferential assessment of the land which is not
leased. The wind power generation system provider would be solely responsible
for obtaining required permits in connection with any construction on a tract
of land which it leases. - The bill was unanimously reported as amended by A00929
(Bastian), which removes the language stating that no permits
would be denied by the municipality for any reason other than the failure to
comply with application procedures. Rep. Gary Haluska
(D-Cambria) asked if local ordinances will still take precedence with regards
to setbacks. Rep. Bob Bastian (R-Somerset) said the bill does not affect
setbacks. Rep. Tom Yewcic
(D-Cambria) said it is his understanding that the Pennsylvania State Association
of Township Supervisors (PSATS) has an issue about the denying permits
provision. Rep. Bastian said his amendment would delete that provision and
satisfy PSATS' concerns Rep. Bastian noted that two more
entities have contacted him with concerns. The first is the Pennsylvania
School Boards Association (PSBA), which is seeking clarifying language
dealing with the fair market value provision. Rep. Bastian said he has agreed
in principle to an amendment, but did not have time to have the language drafted.
A representative from PSBA confirmed that they are okay with the bill passing
out of committee with the promise that their issue will be addressed on the
floor. Rep. Bastian said he also received a letter from PennFuture,
which is in the process of drafting a floor amendment that further defines
wind power and adds a provision where the potential wind power would be
tested before a window would be erected. Consideration of HB 656 & HB 1422 By Peter G. Trufahnestock,
PA Legislative Services HB 656 Bastian - (PN 714) Amends the PA Farmland
and Forest Land Assessment Act by adding that the owner of property subject
to preferential assessment may lease land covered by the preferential
assessment to be used for a wind power generation system when certain
conditions are satisfied. The bill further provides that roll-back taxes
imposed on the tract of land would be adjusted accordingly and the lease of a
tract of land would not invalidate the preferential assessment of the land
which is not leased. The wind power generation system provider would be
solely responsible for obtaining required permits in connection with any
construction on a tract of land which it leases. - The bill was unanimously reported as amended by A00929 (Bastian), which removes the
language stating that no permits would be denied by the municipality for any
reason other than the failure to comply with application procedures. Rep. Gary Haluska
(D-Cambria) asked if local ordinances will still take precedence with regards
to setbacks. Rep. Bob Bastian (R-Somerset) said the bill does not affect
setbacks. Rep. Tom Yewcic
(D-Cambria) said it is his understanding that the Pennsylvania State
Association of Township Supervisors (PSATS) has an issue about the denying
permits provision. Rep. Bastian said his amendment would delete that
provision and satisfy PSATS' concerns Rep. Bastian noted that two more
entities have contacted him with concerns. The first is the Pennsylvania
School Boards Association (PSBA), which is seeking clarifying language
dealing with the fair market value provision. Rep. Bastian said he has agreed
in principle to an amendment, but did not have time to have the language
drafted. A representative from PSBA confirmed that they are okay with the
bill passing out of committee with the promise that their issue will be
addressed on the floor. Rep. Bastian said he also received a letter from PennFuture, which is in the process of drafting a floor
amendment that further defines wind power and adds a provision where the potential
wind power would be tested before a window would be erected. House Agriculture Committee met Without the presence of a quorum,
the legislation was discussed but could not be moved from committee. HB 418 Markosek - (PN 482) Amends Title 3
(Agriculture) further providing for general powers and duties relating to
weights and measures, for investigations, for orders, for specific powers and
duties, for local administration, for concurrent jurisdiction, for division
of responsibilities, for enforcement and regulations, for offenses and
penalties, for injunctions and for disposition of funds; and imposing duties
on the Office of Attorney General. - The bill was held in committee
pending further action. A00343 designed by the Department of
Agriculture, adds language to further define "local government
units" relating to their role in inspection of parking meters within
their jurisdiction. The amendment was held in committee pending further
action. Chairman Mike Hanna (D-Clinton)
informed the committee that Representative Joseph Markosek
(D-Allegheny), who sponsored the legislation, has continued to meet with
officials from the Department of Agriculture and individuals who are
concerned with the context of the legislation. Representative David Millard
(R-Columbia) stated that he is not in favor of the amendment because it would
require local entities to absorb the costs of inspections. Representative Bob
Bastian (R-Somerset) asked whether the Attorney General's concerns over the
legislation had been addressed. Chairman Hanna replied that the concerns of
the Attorney General are being addressed by Representative Markosek, adding that it is understood that the bill
would be opposed by the administration without the passage of the amendment.
It was suggested that the definition of parking meters be inspected, since
meters at laundromats and at car washes fall under
this category and no government entity currently inspects them. Chairman Hanna noted that the
Independent Regulatory Review Commission has issued comments regarding
existing Chairman Hanna also stated that
there will be a forthcoming public hearing on the Representative Gordon Denlinger (R-Lancaster) suggested that the committee
consider additional hearings on the REAP
initiative and the bee syndrome issue that has plagued Lindsay Meehan, PLS The Senate Agriculture and Rural Affairs Committee
held a public hearing to consider the reappointment
of Dennis Wolff as Secretary of the Department of Agriculture. Members in attendance included:
Chairman Mike Brubaker (R-Lancaster), Minority Chairman Michael O'Pake (D-Berks), and Senators John Eichelberger
(R-Blair), Mike Folmer (R-Lebanon), Shirley Kitchen
(D-Philadelphia), Roger Madigan (R-Bradford), and Mike Waugh (R-York). Department of Agriculture
Secretary Dennis Wolff presented a long list of accomplishments from his
first four years as Secretary and stressed that the following would be his
priorities for 2007: · Continued focus on improved farm profitability
by supporting and developing the Center for Dairy Excellence, the Center for
Fruit Excellence, PA Grows- the delivery system for the first industries
fund, PA Preferred, the Ag Renewable Energy Council, and the Livestock
Protection Program. · Keeping PA's topsoil in agriculture by
supporting and building on Farmland Preservation and the Center for Farm
Transition. · Educating the public about the importance
of Agriculture to · Developing and promoting reform
recommendations for the 2007 Farm Bill. · Protecting Agriculture and the public by operating
a modern surveillance and lab system including BSL 3 capacity to conduct veterinary
services and programming on animal diseases and bioterrorism incidences. · Strengthening PA agriculture by developing
regional initiatives that help sustain the infrastructure vital to our
farmers. · Improving Dog Law by restructuring the bureau
and through new regulations. · Encouraging and supporting conservation
practices like no till farming, nutrient management and other conservation
stewardship programs. · Delivering healthy PA Preferred products to
the schools in PA with the PA Preferred Healthy Vending Initiative. · Improving consumer protection efforts in
food safety and weight and measures programs. · Developing and supporting Governor Rendell's
Energy Independence initiative. ·
Senator Madigan (and later Senator Eichelberger) asked for more information about the
funding cuts to conservation districts. Secretary Wolff explained that in the
Department of Agriculture's budget there are two line items that concern
conservation districts. The first one is the Local Soil and Water Fund which
has been cut by $600,000, he said. If that cut remains in the final version
of the budget, he said, the department will prioritize the spending to ensure
that services to farmers are maintained. The second cut to the Nutrient
Management Fund is not as big a concern, he said, because they have carry
over dollars from last year which should cover expenses through to July 2008.
Senator
O'Pake remarked that Senators Eichelberger and Folmer both said they have been getting a good number of constituent
concerns about the proposed regulation changes to the dog law and asked for a
status report. Secretary Wolff explained that the public comment period lasts
until the end of this week and mentioned that they have received
approximately 16,000 comments so far. In particular, he said, the Department
has gotten some very good information from the small hobby breeders. These
changes are being proposed, he went on, because district justices have been
telling the Department that the regulations are too vague to be enforced and
dog wardens have told the department that they encounter certain situations
where action is needed yet there are no regulations in existence that cover
those situations. He promised the Committee that the Department will take into
consideration all comments. Senator Eichelberger
commented that his biggest concern is that the government is going to
infringe upon - and possibly put out of business - good people who have been
doing the right thing all along and Senator Folmer
noted that the proposed regulation seems like it puts a lot of interpretation
into the hands of the wardens, which could go badly if the language was read
in its strictest sense. Senator
Eichelberger also asked that the Department let
everyone know they are addressing the milk pricing situation. Secretary
Wolff, commenting that there is no question the dairy industry has had a bad
year, explained that the Department is doing everything it can to develop and
promote reform recommendations for the 2007 Farm Bill. Senator
Folmer said he is concerned about ethanol
production raising the cost of corn and turning what should be a good thing
into a fuel versus food scenario. Secretary Wolff said the Department is
doing its best to keep tabs on the situation and noted that we are currently
in a period of adjustment. Some economists, he said, have suggested that the
price might actually go down, but he admitted there are too many unknown
factors to accurately predict. Senator
Waugh said he is also very concerned about the ethanol question and asked if
the Secretary believes that Pennsylvania's production agriculture industry is
ready for the changes to come, noting in particular the move to creating
ethanol from cellulosic materials such as paper,
cardboard, wood, and other fibrous plant material such as switchgrass.
He explained that he tried planting switchgrass
himself and it took nearly four years to get a crop. Secretary Wolff agreed
that cellulosic ethanol will be the ethanol of the
future and the Department is committed to educating Chairman
Brubaker announced that he plans on having the Committee hold hearings across
the state with an emphasis on cooperation between interest groups. He then
asked the Secretary to expound on his number one concern, namely the problem
of permits taking too long. Secretary Wolff said he would be glad to work
with the Chairman on that issue noting that the problem is a lack of
uniformity among local entities and the need for better coordination with the
Department of Environmental Protection. The
committee then unanimously approved the nomination. Peter
G. Trufahnestock, PLS The Committee held an informational meeting to discuss temporary
rules, permanent rules and scheduling of meetings regarding proposed
regulatory changes. Members in attendance included Chairman Michael Hanna
(D-Clinton), Minority Chairman Arthur Hershey (R-Lancaster) and
Representatives Bob Bastian (R- Somerset), Karen Boback
(R-Luzerne), Mike Carroll (D-Luzerne), H. Scott Conklin (D-Centre), Jim Cox
(R-Berks), Gordon Denlinger (R-Lancaster), Mike
Fleck (R-Huntingdon), Richard Grucela
(D-Northampton), Gary Haluska (D- Cambria), David Hickernell (R-Lancaster), Babette
Josephs (D-Philadelphia), Rob Kauffman (R-Cumberland), Mark Keller (R-Perry),
Tim Mahoney (D-Fayette), David Millard (R-Columbia), Dan Moul
(R-Adams), Frank Oliver (D- Philadelphia), Tina Pickett (R-Bradford), Timothy
Solobay (D-Washington), P. Michael Sturla (D-Lancaster), Thomas Yewcic
(D-Cambria) and Rosita Youngblood (D-Philadelphia). Chairman Hanna began the meeting stating that he would like to receive
a motion enabling him to call public hearings whenever they are needed and
asked the members of the Committee if anyone had concerns over such a motion.
Rep. Denlinger asked if such a motion would conform
to Sunshine requirements since a scheduled vote was not advertised for this
meeting. The Chairman responded that it would so long as no one had any
objections. The motion authorizing the Chairman to call public hearings
whenever they are needed was unanimously adopted. The Chairman then advised the Committee that they should review the proposed
permanent rules for the Committee and stated that they will not take a vote
on these yet but said that he hopes the next time the Committee meets they
will be able to vote on these. The Chairman also expressed hope that by that
time they will have the results from the Speaker's Commission on Legislative
Reform so that they can make sure the Committee's permanent rules are in
conformity. The Chairman told the members that in their packets they would find
more information on the proposed regulatory changes to the dog law and a
summary provided by the Department of Agriculture on what these would do. He also
told the Committee that the Independent Regulatory Review Commission (IRRC) has provided a letter that
goes over the revised timeline for public comments. According to the Chairman, the Committee will do two things this
session with regards to the dog law: Decide whether or not to issue
comments to the proposed regulations as a Committee Review numerous bills that are
going to be introduced to change the dog law sponsored by Representatives
James Casorio (D-Westmoreland) and Gene DiGirolamo (R-Bucks). He stressed to the Committee members that they can also submit their
own comments to IRRC as part of the public comment process. The Chairman then asked if any member thinks the Committee should hold
a public hearing on the proposed dog law regulations. Minority Chairman
Hershey expressed concern that he has received so many letters on this issue
and that the proposed regulations go too far. He worried that the new
regulations could force breeders of only two or three dogs to have to
establish a kennel. Rep. Keller said he thought it would be a good idea to have public
hearings because he fears the regulations were written from "the
inside" and more public comments are necessary. Asked by the Chairman if
he believes both the Department and private industry should be invited to
testify, Rep. Keller replied that both should be present. Rep. Millard also called for public hearings stating that he has heard
a great deal of comments on the record keeping requirements of the
regulations. He then echoed Rep. Keller's call to have both the industry and
Department present at the hearings. Representatives Conklin, Bastian and Denlinger
also agreed on the need for a public hearing on the issue. Rep. Youngblood said she is interested in looking at ways to better
define what constitutes a dangerous dog and to make sure that their owners
are held responsible for the dog's actions. The Chairman advised her that the
last section of the proposed regulation deal with this and that Rep. Casorio's bills will also address dangerous dogs. Minority Chairman Hershey warned the Committee that the regulations
are too far reaching and that it is important for smaller farms to be able to
operate side business operations to help them support their families. The Chairman closed the discussion by stating that since everyone who
spoke has called for a public hearing, he would work to see that one is setup
involving representatives from both the industry and the Department of
Agriculture. He then asked if there would be any objection from the Committee
to them taking a vote on whether or not to hold a public hearing. Seeing that
there were no objections, the Committee then unanimously adopted a
motion to hold a public hearing on the proposed dog law regulations. Rep. Boback inquired as to how she should
get back to her constituents on this issue. The Chairman advised her to tell
them that a public hearing is going to be held where public testimony will be
taken on the issue.
2/12/07 The House Agricultural and Rural Affairs Committee held an informational meeting to discuss temporary rules, permanent rules and scheduling of meetings regarding proposed regulatory changes. Members in attendance included Chairman Michael Hanna (D-Clinton), Minority Chairman Arthur Hershey (R-Lancaster) and Representatives Bob Bastian (R- Somerset), Karen Boback (R-Luzerne), Mike Carroll (D-Luzerne), H. Scott Conklin (D-Centre), Jim Cox (R-Berks), Gordon Denlinger (R-Lancaster), Mike Fleck (R-Huntingdon), Richard Grucela (D-Northampton), Gary Haluska (D- Cambria), David Hickernell (R-Lancaster), Babette Josephs (D-Philadelphia), Rob Kauffman (R-Cumberland), Mark Keller (R-Perry), Tim Mahoney (D-Fayette), David Millard (R-Columbia), Dan Moul (R-Adams), Frank Oliver (D- Philadelphia), Tina Pickett (R-Bradford), Timothy Solobay (D-Washington), P. Michael Sturla (D-Lancaster), Thomas Yewcic (D-Cambria) and Rosita Youngblood (D-Philadelphia). Chairman Hanna began the meeting stating that he would like to receive a motion enabling him to call public hearings whenever they are needed and asked the members of the Committee if anyone had concerns over such a motion. Rep. Denlinger asked if such a motion would conform to Sunshine requirements since a scheduled vote was not advertised for this meeting. The Chairman responded that it would so long as no one had any objections. The motion authorizing the Chairman to call public hearings whenever they are needed was unanimously adopted. The Chairman then advised the Committee that they should review the proposed permanent rules for the Committee and stated that they will not take a vote on these yet but said that he hopes the next time the Committee meets they will be able to vote on these. The Chairman also expressed hope that by that time they will have the results from the Speaker's Commission on Legislative Reform so that they can make sure the Committee's permanent rules are in conformity. The Chairman told the members that in their packets they would find more information on the proposed regulatory changes to the dog law and a summary provided by the Department of Agriculture on what these would do. He also told the Committee that the Independent Regulatory Review Commission (IRRC) has provided a letter that goes over the revised timeline for public comments. According to the Chairman, the Committee will do two things this session with regards to the dog law: · Decide whether or not to issue comments to the proposed regulations as a Committee · Review numerous bills that are going to be introduced to change the dog law sponsored by Representatives James Casorio (D-Westmoreland) and Gene DiGirolamo (R-Bucks). He stressed to the Committee members that they can also submit their own comments to IRRC as part of the public comment process. The Chairman then asked if any member thinks the Committee should hold a public hearing on the proposed dog law regulations. Minority Chairman Hershey expressed concern that he has received so many letters on this issue and that the proposed regulations go too far. He worried that the new regulations could force breeders of only two or three dogs to have to establish a kennel. Rep. Keller said he thought it would be a good idea to have public hearings because he fears the regulations were written from "the inside" and more public comments are necessary. Asked by the Chairman if he believes both the Department and private industry should be invited to testify, Rep. Keller replied that both should be present. Rep. Millard also called for public hearings stating that he has heard a great deal of comments on the record keeping requirements of the regulations. He then echoed Rep. Keller's call to have both the industry and Department present at the hearings. Representatives Conklin, Bastian and Denlinger also agreed on the need for a public hearing on the issue. Rep. Youngblood said she is interested in looking at ways to better define what constitutes a dangerous dog and to make sure that their owners are held responsible for the dog's actions. The Chairman advised her that the last section of the proposed regulation deal with this and that Rep. Casorio's bills will also address dangerous dogs. Minority Chairman Hershey warned the Committee that the regulations are too far reaching and that it is important for smaller farms to be able to operate side business operations to help them support their families. The Chairman closed the discussion by stating that since everyone who spoke has called for a public hearing, he would work to see that one is setup involving representatives from both the industry and the Department of Agriculture. He then asked if there would be any objection from the Committee to them taking a vote on whether or not to hold a public hearing. Seeing that there were no objections, the Committee then unanimously adopted a motion to hold a public hearing on the proposed dog law regulations. Rep. Boback inquired as to how she should get back to her constituents on this issue. The Chairman advised her to tell them that a public hearing is going to be held where public testimony will be taken on the issue. The Chairman then adjourned the meeting. Report by Eric A. Failing, PLS |