11/05/2005 - THE PAY RAISE REPEAL VOTE: DID WE WIN?
Analysis by Lora Lavin, Representative Government Specialist, lavin@steuber.com

Shortly before leaving on a two week recess the Pennsylvania House and Senate passed a bill that would repeal Act 44 (the infamous pay raise). This has been hailed by the media and others as a victory for Pennsylvania citizens who flooded legislative offices with call, letter and emails expressing their outrage. While this does demonstrate that citizen action can make a difference, this is not the end of the story.

Before the repeal can become law some important differences between the Senate and House versions of the bill must be resolved. The pay raise in Act 44 included judges. There is a question whether the repeal bill would run afoul of Article V, Section 16(a) of the Pennsylvania Constitution that says judges “compensation shall not be diminished during their terms of office, unless by law apply generally to all salaried offices of the Commonwealth.” The Senate version of the repeal contains a severability clause which means that if one part of the law is found unconstitutional the remaining provision will stay as law. However, the House version makes the provisions non-severable which means that if one part is found unconstitutional the whole law is repealed. Action to iron out this difference might take place as early as the week of November 7. It is significant that the House acted on the repeal bill after the Senate. Furthermore, if the repeal is challenged, its constitutionality will be ruled on by the same judges whose salaries would be affected.

. Even if it becomes law and survives a possible constitutional challenge, repeal alone will not cure the underlying problem – legislative procedures which ignore the plain language of the PA constitution and deprive citizens of their right to informed participation in government decision making.

On October 6, 2005 the League along with several others filed a suit in federal court asking the court to order the legislature to stop enacting legislation “by means that deprive citizens of the rights to equal protection and due process” and that “deprive citizens of their right to freedom of political speech.” Below is a more complete explanation of the reason why we joined this lawsuit and some steps we believe must be taken to restore the democratic process.

Did we win? Not yet and not by a long shot. In the words of Sen. Jim Ferlo (D), Allegheny), the legislature “need(s) to repent, repeal and reform (emphasis added).”

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