Friday, February 23, 2007
By Ann Belser, Pittsburgh Post-Gazette
Voters in Pennsylvania could have a new state constitution to ratify as soon as the next presidential election.
But there's a lot to do if that's going to happen.
The state Senate Government Committee, headed by Sen. Jeffrey E. Piccola, R-Dauphin, held its first in a series of hearings yesterday on convening a constitutional convention for the first time in 40 years.
Sen. Jim Ferlo, D-Highland Park, was the first speaker on the proposal at the hearing held at Duquesne University Law School. Mr. Ferlo had proposed a bill calling for a constitutional convention during the last legislative session and has introduced his bill again.
Mr. Ferlo said a constitutional convention could address legislative salaries, the size of the Legislature, "procedural issues such as lame duck sessions and the process for the introduction, amending and adoption of bills."
"While I am a relatively new member of the Senate, I have been in public life long enough to have learned that the legislative and judicial process is replete with actual as well as perceived abuse," Mr. Ferlo said. "The 2005 pay grab is merely a microcosm of the problems that have grown in many state institutions over the years by exploiting loopholes in the state constitution modified in '68, the last time the public had their chance to discuss, debate and modify our state's most important document."
Bruce Ledewitz, a Duquesne Law School professor, said if the constitutional convention did nothing else, it should trim the powers the Pennsylvania Supreme Court has taken under Article V, which suggests that the court has authority that is superior to the Legislature's.
He said the court "has shown itself capable of interpretations of the text of the Pennsylvania Constitution that confound its plain meaning and the intentions of those who drafted it."
He said the best example of that is that the constitution states that no bill is to be "altered or amended on its passage through either House, as to change its original purpose."
Yet the court allowed the pay raise in 2005 in which 22 pages of legislation was substituted and adopted in the place of a one-page bill that said no members of the executive branch could be paid more than the governor. He said it didn't help the public's opinion of the court that by the time it reviewed the pay raise, and upheld it, the law had been repealed by the Legislature so that the court, essentially, was able to turn it into a pay raise for judges.
He said the same thing happened on the gambling legislation when a 145-page bill was substituted for a one-page bill calling for background checks on horse racing applicants. The 2004 gambling legislation was passed in three days after the substitution and upheld by the court.
He said the court's rule-making has led to secret meetings in which the court suddenly changes its rules to match legislation passed.
"There's a habit of meeting behind the scenes," Mr. Ledewitz said.
"I never have participated in secret meetings, but I know they have existed," Mr. Piccola said.
"I know senator," Mr. Ledewitz said. "No one ever participated in those meetings."
Joel Fishman, the co-director of Duquesne University's Pennsylvania Constitution Web Site, gave a possible time frame for a constitutional convention which called for the current hearings to wrap up in March; the general assembly to pass an act calling for a constitutional convention by June; the electorate to vote for the convention in November; a primary election for the delegates in April 2008; and the convention to run from May through August with the final step being the adoption of the new articles from the convention in November 2008.
Saturday, February 24, 2007
Friday, February 23, 2007
Sheriff's office referendum OK'd for May primary ballot
Wednesday, February 14, 2007
Chief Executive Dan Onorato signed legislation yesterday that will put a referendum to make the sheriff an appointive rather than an elective position on the May 17 primary ballot.
The referendum will also call for the sheriff's office to be merged with the county police.
Chief Executive Dan Onorato signed legislation yesterday that will put a referendum to make the sheriff an appointive rather than an elective position on the May 17 primary ballot.
The referendum will also call for the sheriff's office to be merged with the county police.
Tuesday, February 20, 2007
Constitutional convention hearing at Duquesne university
Hearing may be major step toward state constitutional convention
Tuesday, February 20, 2007
By Tom Barnes, Post-Gazette Harrisburg Bureau
HARRISBURG -- Pennsylvania hasn't held a constitutional convention for almost 40 years.
But amid continuing voter anger over legislative pay raises, bonuses and late-night mischief, many citizen groups and legislators are talking about a need to reform state government.
A major step in that process will be taken Thursday at Duquesne University Law School in Pittsburgh, as the state Senate's State Government Committee holds the first of three hearings into whether the first constitutional convention since 1968 is warranted.
"A constitutional convention could address issues Pennsylvanians have been talking about since the 2005 pay raise, such as changing the size of the Legislature, enacting term limits for legislators and setting new guidelines for redistricting" after the 2010 census, said Russ Diamond, founder of PA Clean Sweep and one of those who raised the ruckus about the 2005 pay raise measure that led to its repeal.
Sen. Jeffrey Piccola, R-Dauphin, chairman of the panel, said he is "leaning" toward introducing a bill that could lead to one sometime in 2008.
"A constitutional convention has relevance for state government in this age of reform," he said last week. But first he wants to hear from knowledgeable people from outside state government, like Duquesne law professor Bruce Ledewitz, an expert on the state judiciary and one of those who will testify Thursday.
The hearing, from 9:30 a.m. to 2 p.m., is open to the public, but only invited officials will testify. Other speakers will be Sen. Jim Ferlo, D-Highland Park, who last year introduced a resolution calling for a convention; Jake Haulk of the Allegheny Institute, a conservative think tank; Sara Steelman of Common Cause Pennsylvania; plus representatives from the American Civil Liberties Union and the Allegheny County Bar Association.
Two more hearings will be held this spring in Harrisburg and Philadelphia, Mr. Piccola said. Former Gov. Dick Thornburgh, who was a reform leader at the 1968 convention, is expected to speak at one of the hearings.
Mr. Piccola said that before he drafts a bill calling for a referendum on a constitutional convention, "I will wait to see what the hearings produce. There is some opposition [to a convention] among some legislators" who like things the way they are.
Mr. Piccola and other advocates think that to avoid an agenda that is too jumbled and chaotic, a constitutional convention should be limited to certain specific issues. These might include:
Reducing the size of the 203-member House and 50-member Senate. Opponents of that idea say residents of many rural areas will lose their legislators and thus suffer if the overall number goes down.
Limiting the number of two-year terms that a House member can serve, or the number of four-year terms a senator can have.
Changing the compensation for members of the legislative, judicial or executive branches.
Creating a nonpartisan citizens commission to redraw the lines for General Assembly and congressional districts after the next census, rather than having legislative leaders "gerrymander" districts into strange shapes to protect their political base.
Changing to "merit selection" of judges, where they are appointed by the governor rather than being elected by the people every 10 years.
Giving Pennsylvanians the power of "initiative and referendum," like California voters have, to gather signatures to initiate new laws rather than waiting for state legislators to act.
Mr. Piccola said he favors an agenda limited to sections of the constitution dealing with the legislative, judicial and executive branches of state government.
If things get too wide open -- for instance, changing gun control laws, or limiting gun purchases, or limiting legalized abortions, or imposing caps on damages in medical liability lawsuits -- discussions could easily bog down and necessary government reforms might not be discussed, he said.
Even after a bill is enacted for a convention, Pennsylvania residents would have to approve the idea, via a statewide referendum. That could be held in November, if legislators agree this spring, Mr. Piccola said.
If the idea is approved by voters, a convention wouldn't be held until 2008. It would probably last about three months and probably be in Harrisburg.
There were 150 elected delegates at the 1968 convention, meaning three from each of the 50 state Senate districts, plus 18 ex-officio members, mainly top legislative leaders.
Mr. Piccola said 150 seems like "a workable number. You want to have a broad spectrum of people." But he thinks the next constitutional gathering should be "a citizens convention," without powerful incumbents on hand to try to preserve the status quo.
--------------------------------------------------------------------------------
(Bureau Chief Tom Barnes can be reached at tbarnes@post-gazette.com or 717-787-4254. )
Tuesday, February 20, 2007
By Tom Barnes, Post-Gazette Harrisburg Bureau
HARRISBURG -- Pennsylvania hasn't held a constitutional convention for almost 40 years.
But amid continuing voter anger over legislative pay raises, bonuses and late-night mischief, many citizen groups and legislators are talking about a need to reform state government.
A major step in that process will be taken Thursday at Duquesne University Law School in Pittsburgh, as the state Senate's State Government Committee holds the first of three hearings into whether the first constitutional convention since 1968 is warranted.
"A constitutional convention could address issues Pennsylvanians have been talking about since the 2005 pay raise, such as changing the size of the Legislature, enacting term limits for legislators and setting new guidelines for redistricting" after the 2010 census, said Russ Diamond, founder of PA Clean Sweep and one of those who raised the ruckus about the 2005 pay raise measure that led to its repeal.
Sen. Jeffrey Piccola, R-Dauphin, chairman of the panel, said he is "leaning" toward introducing a bill that could lead to one sometime in 2008.
"A constitutional convention has relevance for state government in this age of reform," he said last week. But first he wants to hear from knowledgeable people from outside state government, like Duquesne law professor Bruce Ledewitz, an expert on the state judiciary and one of those who will testify Thursday.
The hearing, from 9:30 a.m. to 2 p.m., is open to the public, but only invited officials will testify. Other speakers will be Sen. Jim Ferlo, D-Highland Park, who last year introduced a resolution calling for a convention; Jake Haulk of the Allegheny Institute, a conservative think tank; Sara Steelman of Common Cause Pennsylvania; plus representatives from the American Civil Liberties Union and the Allegheny County Bar Association.
Two more hearings will be held this spring in Harrisburg and Philadelphia, Mr. Piccola said. Former Gov. Dick Thornburgh, who was a reform leader at the 1968 convention, is expected to speak at one of the hearings.
Mr. Piccola said that before he drafts a bill calling for a referendum on a constitutional convention, "I will wait to see what the hearings produce. There is some opposition [to a convention] among some legislators" who like things the way they are.
Mr. Piccola and other advocates think that to avoid an agenda that is too jumbled and chaotic, a constitutional convention should be limited to certain specific issues. These might include:
Reducing the size of the 203-member House and 50-member Senate. Opponents of that idea say residents of many rural areas will lose their legislators and thus suffer if the overall number goes down.
Limiting the number of two-year terms that a House member can serve, or the number of four-year terms a senator can have.
Changing the compensation for members of the legislative, judicial or executive branches.
Creating a nonpartisan citizens commission to redraw the lines for General Assembly and congressional districts after the next census, rather than having legislative leaders "gerrymander" districts into strange shapes to protect their political base.
Changing to "merit selection" of judges, where they are appointed by the governor rather than being elected by the people every 10 years.
Giving Pennsylvanians the power of "initiative and referendum," like California voters have, to gather signatures to initiate new laws rather than waiting for state legislators to act.
Mr. Piccola said he favors an agenda limited to sections of the constitution dealing with the legislative, judicial and executive branches of state government.
If things get too wide open -- for instance, changing gun control laws, or limiting gun purchases, or limiting legalized abortions, or imposing caps on damages in medical liability lawsuits -- discussions could easily bog down and necessary government reforms might not be discussed, he said.
Even after a bill is enacted for a convention, Pennsylvania residents would have to approve the idea, via a statewide referendum. That could be held in November, if legislators agree this spring, Mr. Piccola said.
If the idea is approved by voters, a convention wouldn't be held until 2008. It would probably last about three months and probably be in Harrisburg.
There were 150 elected delegates at the 1968 convention, meaning three from each of the 50 state Senate districts, plus 18 ex-officio members, mainly top legislative leaders.
Mr. Piccola said 150 seems like "a workable number. You want to have a broad spectrum of people." But he thinks the next constitutional gathering should be "a citizens convention," without powerful incumbents on hand to try to preserve the status quo.
--------------------------------------------------------------------------------
(Bureau Chief Tom Barnes can be reached at tbarnes@post-gazette.com or 717-787-4254. )
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