Practice Areas & Industries: Buchanan Ingersoll & Rooney PC

Practice/Industry Group Overview

Clients across the country rely on Buchanan Ingersoll & Rooney's State Government Relations Section to ensure they have the strongest possible voice in the development of policy, legislation and regulations.

We are particularly effective for three main reasons: our people, our strong client relationships and our ability to understand the issues from multiple perspectives. We are devoted to maintaining the highest professional standards.

The professionals in our group possess years of experience as advocates and public officials, and most importantly, firsthand knowledge of the intricate processes by which government operates. Our group includes former members of state legislatures; former members of the governor's Cabinet and staff; a former chairman of the Pennsylvania Public Utilities Commission; former members of the U.S. House of Representatives; former White House and congressional staffers; and former high-ranking military officials. They all continually strive to build and maintain current professional relationships and keep the lines of communication open with all facets of government.

Communication with clients is another key element of our effectiveness. Whenever possible, we provide our clients with an "early reporting" alert to potential new legislation or regulations before decisions are finalized. In this way, not only do we eliminate surprises for clients ¿ we also create access to the process. We can arrange meetings with key policymakers and legislators in statehouses, on Capitol Hill and at the Pentagon. Our Government Relations team also assists clients with introducing legislation, arranging for testimony before legislative panels and procuring media coverage.

By combining our knowledge of how government works with our understanding of client issues and concerns, we have built a reputation for crafting win-win solutions ¿ that is, those that result in not only positive outcomes for our clients, but also reasonable public policy choices for decision makers.

During those years when budgets are tight, our most significant challenge has been to protect funding for a number of clients who receive support from state governments while protecting other interests from new tax initiatives.

Services Available

Our services include:

• Providing background information to clients and key policy makers about the potential impact of proposed legislation or regulations.
• Clearly and effectively communicating our clients' concerns to government.
• Drafting legislation.
• Testifying before legislative committees and regulatory hearings.
• Drafting and distributing position papers for clients.
• Monitoring the General Assembly and providing clients with daily updates.
• Procuring media coverage.

Pennsylvania

Our Pennsylvania Government Relations practice is the largest of its kind in the state. Our Pennsylvania principals have held positions at the highest levels of state government, including former members of the House of Representatives and former members of the governor's Cabinet and staff. Our team also includes John M. Quain, past chairman of the Pennsylvania Public Utility Commission, whose years of service provide clients with a rarely seen glimpse into the thought processes of a regulator.

Some of the group's key 2005 accomplishments include:

• Prevented the U.S. Secretary of Defense from deactivating the 111th Fighter Wing of the Pennsylvania Air National Guard. On behalf of Pennsylvania Governor Ed Rendell and U.S. Senators Arlen Specter and Rick Santorum, we obtained a summary judgment in the only successful lawsuit, among several filed by various states, challenging a base closure recommendation made by the Department of Defense to the BRAC Commission.
• Helped to obtain a unanimous vote by the Philadelphia City Council that enabled Urban Cableworks, Inc., to transfer its franchise to Time Warner, Inc. ¿ an unprecedented reversal of a previous vote of 17 to 0 denying the transfer.
• Monitored legislation for clients in Pennsylvania that could affect the regulation of long-wall mining, particularly in the area of stream restoration and general energy development and regulatory issues.
• For Uniontown Hospital in Pennsylvania, we helped secure more than $735,000 from the Department of Health & Human Services for construction of a chest pain center.
• For the Philadelphia Orchestra, we helped secured more than $800,000 in state funds for the orchestra's 2005 tour of Asia.
• Assisted Dick's Sporting Goods in securing more than $12 million in state funding for the expansion of its headquarters in Pittsburgh.
• Assisted L.D. Astorino in securing a $10 million architectural and design contract from the VA Pittsburgh Healthcare System as part of a $200 million, five year construction campaign.
• Helped secure the passage of legislation permitting Sunday beer sales in Pennsylvania on behalf of the Pennsylvania Beer Wholesalers Association.
• Helped secure a revision in Pennsylvania tax law dealing with nonprofit organizations that resulted in a substantial tax savings for the Philadelphia Stock Exchange.

The Harrisburg team achieved significant results in the final days of the 2004 Legislative Session. Its accomplishments include:

• Securing final passage of the slots at racetracks legislation.
• Restoration of funding for local development agencies.
• New powers for industrial development corporations under the Redevelopment Capital Assistance Program.
• An increase in appropriations for Children's Institute.
• Securing annual state funding for the Philadelphia Flower Show.
• Securing new annual funding mechanism for Children's Hospital of Pittsburgh.
• Re-establishing funding for two rural health care initiatives for Geisinger Health System.
• Movement of legislation on behalf of the Pennsylvania Ski Owners Association.
• New vaccine notification legislation on behalf of Merck.
• Some of the key 2003 accomplishments for Pennsylvania include:
• Securing $5 million in capital budget spending for "green" (environment-friendly) building technology for Children's Hospital of Pittsburgh.
• Securing an additional $500,000 in previously reduced budget funds for the support of the statewide poison control hotlines managed by Children's Hospital of Pittsburgh.
• Participating as one of the lead strategists in shaping the PACE/PACE NET expansions in prescription benefits for low-income people on behalf of our client Merck.
• Restoring for our client, the largest issuer of money orders in the United States, a historic seven-year waiting period before unused money orders revert to the state.
• Deterring the Pennsylvania Legislature from enacting a new gross-receipts tax on professional sports franchises for our clients the Philadelphia Phillies, the Flyers and 76ers.
• Preventing new taxes on poured drinks on behalf of our clients the Pennsylvania Beer Wholesalers and a consortium of sports and entertainment entities in Philadelphia.
• Preventing an expansion of the state business tax to address the so-called "Delaware holding company" loophole that reduces state tax obligations on behalf of clients Merck, Sony and Hershey Foods.
• Securing state funding for capital expenditures and federal funding for programs for the Harrisburg YMCA.
• Securing an additional $100 million in tax-exempt bond financing to support the construction of an electric generation facility on behalf of Reliant Energy; total funding secured in 2002 and 2003 is $500 million.
• Positioning client Great West Life Insurance to successfully compete for multimillion-dollar state employment retirement systems deferred compensation contract.
• Securing Edison Schools' role in providing education alternatives in Philadelphia, reversing an attempt to terminate Edison and resulting in a two-year commitment from the district to fund Edison-managed schools.
• Securing legislation on behalf of client Allegheny County, Pennsylvania, codifying the county's right to sell tax liens to third parties, saving the county up to $45 million.
• On behalf of Bucks County Water and Sewer Authority, helping to enact legislation providing adequate per capital gallonage standard for new home construction as well as enforcement mechanism to police system for sources of unregulated water infiltration.
• Securing $780,000 appropriation for Children's Hospital of Pittsburgh.
• Protecting Automatic Data Processing, Inc.'s (ADP) long-term deductible policy in the Reliant Liquidation legislation, saving approximately $55 million in additional costs.
• Preventing a proposal for a taxpayer supported health club that would have been in competition with both profit and not-for-profit organizations.

Additionally, the group's accomplishments include:

• On behalf of Asset Inc., having Pennsylvania Governor Edward Rendell include as a recommendation in his proposed 2006-07 budget $10 million for the expansion of Asset's "Science: It's Elementary" program to improve the state's educational competitiveness. The program now provides science materials for elementary students and special education training for teachers in 47 schools in Southwestern Pennsylvania. It is to be expanded under the governor's budget to more schools statewide.
• Successfully representing Reliant Energy, Inc., of Houston, Texas, in the Duquesne Light Company Provider of Last Resort proceeding before the Pennsylvania Public Utility Commission. The 10-month case concluded September 30, 2005, with the denial by the PUC of Duquesne's petition for reconsideration. Duquesne has already announced it will not appeal. The case marks a significant milestone in the ongoing restructuring of Pennsylvania electric industry, preserving electric supply choice for Duquesne's customers.
• Working on behalf of Bayer Corp. to obtain $3.5 million in financial assistance from the Commonwealth of Pennsylvania to allow its new spin-off company, Lanxess Corp., to establish its headquarters in Pittsburgh. Lanxess is receiving an $872,000 grant, $554,000 in job training assistance and $435,000 in job-creation tax credit incentives. Bayer is receiving a $1.7 million aid package in return for a pledge to invest $100 million in its Pennsylvania operations over the next two years.
• Working on behalf of the Insurance Agents & Brokers of Pennsylvania for the successful passage of legislation to provide the state courts with a system to protect the trade secrets of Pennsylvania companies. The new legislation, signed into law by Governor Edward Rendell, defines a trade secret as any information ¿ formula, drawing, pattern, compilation including a customer list, program, device, method or technique ¿ having value and which a company makes a reasonable attempt to keep secret.
• Assisting in an instrumental fashion in the Port Authority of Allegheny County's $363 million North Shore Connector project being one of only five transportation projects nationwide recommended for maximum federal funding in President Bush's 2005 budget. The funding would allow the Port Authority to received up to 80 percent of the project's estimated cost in federal money. The five projects selected for full funding were out of more than 100 transit projects reviewed across the country.

New York

In 2003, Buchanan began a government relations practice at its New York City office. The emphasis of the practice is working with the New York State Legislature.

Some of the key 2003 accomplishments for New York City include:

• School Bus Safety ¿ legislation was introduced pursuant to Buchanan's efforts in the New York State Legislature to mandate that all new school buses in New York be equipped with a fire suppression device. This device has proven tremendously successful in stopping fires in the engine compartment so that the flames do not reach the children in their seats. This proposed law has widespread support in both the State Senate and Assembly and hopefully will pass soon.
• Reform New York Crime Victims Board ¿ A young boy witnessed a shooting and played a key role in prosecuting the murderer. However, due to technical flaws in the New York law for compensating witnesses of crimes, his request for assistance for educational funding was denied by the State Crime Victims Board. Buchanan represented the boy during the administrative process and used this experience to help draft reform legislation. In June 2004, this legislation passed both the State Senate and Assembly and is awaiting the governor's signature.
• Defending Property Taxpayers ¿ Buchanan has helped oppose a proposed law that would erase a decade of reform by allowing the private sale of property tax liens. The current State law protects property taxpayers from abuses that occur from property tax lien sales and mandates the responsible collection of property taxes.
• Successfully helping to defeat proposed federal legislation deemed harmful to our client, Magellan Health Services.
• Funding for Not-for-Profits ¿ Buchanan has successfully helped obtain critically needed State funding for civic organizations such as health care clinics and legal aid for the poor.
• Changed tariff legislation to the benefit of our client Reference Metals, a supplier to the steel industry.
• Securing $10 million in federal funding for ChemImage, a Pennsylvania start-up that produces instrumentation that identifies pathogens and contamination through molecular analysis.

Florida

Our Florida Government Relations group has built strong professional relationships that provide our clients with direct access to key decision makers in the Florida Legislature, the governor's office and executive agencies and departments. By maintaining open lines of communications, we are often on the front lines of proposed rule changes or new legislation, and so able to give our clients a strong voice in the process. This also translates into providing clients with opportunities that arise as a result of state government processes.

Some of the key 2006 accomplishments for Florida include:

• Maintaining $18 million in enhanced Medicaid funding for faculty physicians at the Colleges of Medicine; modification of Medicaid provider enrollment so that services may be billed from the date of application as opposed to the date of provider approval.
• Enhanced Medicaid funding for safety net hospital providers in excess of $100 million; the increase for Tampa General Hospital was $6 million. This is in addition to the preservation of net base funding of more than $500 million.
• Continuation of the $5 million program for wireless handheld clinical pharmacology data for the top 3000 prescribing Medicaid providers; substantive HIPAA compliant law changes for e-prescribing.
• $2 million in support of Florida Health Information Network grants; serving as council to the Tampa Bay Regional Health Information Organization, one of the grantees.
• Funding and creation of a $3.7 million dollar Part D/Part B wrap-around program for transplant recipients and cancer patients.
• $1 million enhanced recurring general revenue funding for the Poison Center Network.
• $900,000 funding for building out the interior space of the Tampa Firefighters Museum.
• Addition of two funding streams and successful modification of the trauma center statute.