As end of session nears, Pa. lawmakers face an ugly dispute and a chance for bipartisanship

By Ford Turner / Pittsburgh Post-Gazette /

HARRISBURG — Lawmakers have only five voting days left in Harrisburg before the two-year session ends to deal with issues that include an ugly dispute over tax data with the state revenue secretary, and passing a bill to help with controversial hospital consolidations and closures.

The unprecedented face-off between Senate Republicans and Pat Browne, Democratic Gov. Josh Shapiro’s revenue secretary, over Mr. Browne’s refusal to turn over tax information sought in a subpoena, is increasing friction between the parties. Mr. Browne says disclosing it would be illegal.

At the same time, there is some hope the parties can work together to pass a bill to give the attorney general new powers to deal with proposed hospital takeovers, which have caused pain and frustration statewide. On Friday, a spokesperson for the office of Attorney General Michelle Henry said it was encouraged the “critical issue” was getting attention.

The schedules for the House and Senate show only five voting days left — three later this month and two next month -- before a new, two-year session begins in January with newly elected lawmakers.

Mr. Browne and Senate Democrats in recent days filed lawsuits in Commonwealth Court against Senate Republicans who want to enforce the subpoena issued to Mr. Browne in July that seeks tax information on a special development zone in Allentown, Pa. By mid-afternoon Friday, no decision was issued by the court.

A resolution passed by the Republican-controlled Senate pressures Mr. Browne to come before the chamber and answer questions, and contains a threat of imprisonment if the information is not disclosed.

Few people are watching the ongoing dispute more closely than Chris Latta.

Mr. Latta is executive director of the Legislative Budget and Finance Committee, created by the Legislature in 1959 with a mission to give lawmakers “timely, accurate, and unbiased information, analysis, and performance evaluation to inform their policy decisions.”

All 50 senators voted on Dec. 13 to have the LBFC do a performance audit on the Allentown Neighborhood Improvement Zone, or NIZ. Created by a law written by Mr. Browne about 15 years ago when he was a senator from Lehigh County, the unique zone lets developers use virtually all state taxes generated within it to pay off debt from their building projects.

The total redirected so far surpasses $500 million.

On Friday, Mr. Latta said his agency follows data “without passion or prejudice” to provide lawmakers with useful feedback on programs. The audit of the NIZ sought by lawmakers specifically called for an evaluation of the various types of tax revenue generated within it.

Mr. Latta said his agency “can’t do as complete a job” on the audit without specific tax category totals, and state law gives LBFC “broad authority to look at these very things.”

The Department of Revenue has repeatedly declined to disclose all the individual totals, saying it would violate confidentiality provisions within state law. The department has the support of Mr. Shapiro’s office, which in July said “the Department of Revenue must continue to follow the law and has respectfully declined to provide this confidential information.”

Now, the disagreement has moved to court.

Sen. Jay Costa, D-Allegheny and the minority leader in the Senate, joined three other Senate Democrats in asking Commonwealth Court for an injunction to stop enforcement of the subpoena. Mr. Costa and the others asked the court to consider the matter quickly.

“Time is of the essence to prevent respondents from ordering the unjust and improper imprisonment of Secretary Browne,” one of the court filings said.

Meanwhile — at the other end of the spectrum of political harmony — senators from both parties on Monday expressed hope for passage of the bill regarding proposed hospital and health system takeovers.

Hospital closures and reductions in health care services have hurt communities around the state.

The bill that passed the Senate Health and Human Services Committee on Monday would require health systems to notify the attorney general of a proposed merger or acquisition beyond a certain size. It also would give the attorney general power — if a deal was found to be against the public interest — to go to court to attempt to stop the deal.

The bill was amended in the Senate committee. For it to become law in the next few months will require additional votes in both chambers.

Brett Hambright, a spokesperson for Ms. Henry, on Friday said the office has reviewed multiple recent and pending transactions and remains committed to helping residents who are harmed if their health care is disrupted.

“We are encouraged that this critical issue is being actively discussed by legislators and stakeholders,” Mr. Hambright said. “We will continue to engage in these discussions to ensure that there is proper state oversight of transactions which, in some past instances, have obstructed affordable access to quality care.”

Ford Turner: [email protected]