Returns power back to examination of fiscal issues only
The first act of the new state House was to pass a resolution which included a rule restricting the power of the Appropriations Committee.
Chaired by state Rep. Dwight Evans (D – Philadelphia) until the Republicans won back control of the state House, the Appropriations Committee was often used in the last session as a way for the House leadership to change amendments after the second consideration by the House.
Steve Miskin, spokesperson for House Majority Leader Mike Turzai (R – Allegheny) said the goal of H.R. 1 was to restrict the Appropriations Committee review of a bill to its fiscal impact, so if a bill is sent to the Appropriations Committee after the second consideration, the only changes made to the bill will be to its fiscal power or appropriateness.
“During the last session, if a bill was changed not to the [Democrat] leaders liking, they basically sent it to the Appropriations Committee, and they amended it substantially, and they sent it back unalterable for a floor vote,” said Mr. Miskin. “Sam Smith and the other Republican leaders railed against it. It was bad policy and so we wanted to ensure that doesn’t happen.”
Passed unanimously by the state House, the resolution states the Appropriations Committee shall be limited in its review of a bill which has received second consideration to “the fiscal aspects of the bill and shall not consider the substantive merits of the bill nor refuse to report any such bill from committee for reasons other than fiscal aspects.”
Bills go through three considerations in the House before the final vote occurs, and when the Appropriations Committee would amend a bill after the second consideration, the House could not re-amend it. Instead, they were faced with voting on it as-is or voting against it.
“It ultimately comes to the Appropriations Committee anyway,” said Mr. Evans last September. “There is not a piece of legislation in the House that does not come to the House Appropriations Committee.”
Mike Stoll, spokesperson for state Rep. William Adolph (R – Delaware), the majority chair of the Appropriations Committee, said the resolution was a bipartisan effort.
“It was a back and forth process together,” said Mr. Stoll. “It was an agreed upon measure all the House members voted upon.”
He said the resolution would not create problems for Mr. Adolph, who has supported restricting the powers of the Appropriations Committee back to just fiscal issues in the past, including Special Session Bill 8 from last year. The bill was intended to remedy the state’s transportation issues but included a new tax on oil companies, which bypassed the Transportation Committee and was sent straight to Appropriations.
“It’s just a clarification that all the members will benefit from in the long run so bills on third consideration are what they’ve already debated through that second consideration process,” said Mr. Stoll. “The only change is just the when what happens when bills comes to the committee after second consideration.”
State Rep. Joseph Markosek (D – Allegheny), minority chair of the Appropriations Committee, did not return calls for comment on the resolution. Mr. Markosek voted in favor of the resolution. He became chairman after beating Mr. Evans, who had held the position since 1991, in caucus elections.
While the Appropriations Committee may now be restricted, Tim Potts, co-founder and president of Democracy Rising PA, an organization working for citizen confidence in government, said it might be restricted in name only.
“I know what they intended for it to do and I’m not sure it’ll do that,” said Mr. Potts. “I’m always skeptical of rules changes because the rules can be suspended for any time for any reason. All it really takes is a majority vote of the members simply saying ‘We’re not going to abide by this rule today.’”
Mr. Potts said the real test of the resolution would come when budget negotiations begin, or potentially when the legislature begins consideration of the sale of the state liquor stores. Majority Leader Turzai has advocated privatizing the state liquor stores and has indicated it is a priority in the new session.
“You see that regularly when they come in at 11 o’clock at night, or during the budget they’ll suspend a rule that requires 24 hours before it can voted on,” said Mr. Potts, who said Pennsylvanians will just have to wait and see what the House does.
“If they manage to have fiscal issues and manage to maintain the integrity of the rule that’ll be a very good sign,” said Mr. Potts. “You’d prefer them to enact laws but that’s probably an unrealistic idea when you get into the nitty gritty of how committees work. This is probably the best they can do.”
