| Larry Frankel
Legislative Director
ACLU of PA Efforts to reform the legislative process in Harrisburg are taking big steps forward. The Speaker's Reform Commission has put forth positive recommendations that, if adopted by the full Pennsylvania House of Representatives, could result in a more democratic and deliberative process, one that could lead to better laws. I have had the privilege of being the ACLU of Pennsylvania's lobbyist for the last 14 years. I have observed the work of the Pennsylvania General Assembly and seen the legislative process become way too difficult for the average citizen to follow much less influence. I have also seen the legislative leaders enhance their power at the expense of rank and file members of the legislature. The Speaker's Reform Commission has been debating a range of proposals. Many of the ideas directly impact on the way a bill becomes a law and have the potential to greatly enhance the First Amendment right to petition the government. Certain changes would advance the public's ability to monitor legislation and provide the public with more time to communicate their views to their legislators. As such, the changes would also give legislators a chance to hear from their constituents before they vote on matters that are important to the people they represent. In fact, we may be entering an era when the public can have a better idea as to what their legislators will be voting on before the vote is actually cast. Members of the House will not be asked to say yea or nay to a bill unless it has been in print in its final form for at least 24 hours. The public will have an opportunity to weigh in with their Representatives on the final version of a piece of legislation, the version that has all those devilish details. This should result in a more informed citizenry and a more informed legislature. Legislators will be able to review bills in their final form and evaluate the precise language of the bills in light of the comments they have received over the days and weeks that the legislation has been under consideration. The public's right to petition the government will be advanced because those who govern will have the time to ponder the substance of what has been communicated to them. Other changes proposed by the Reform Commission will give the rank and file a greater ability to offer amendments to bills and have their amendments debated on the floor of the House. There should be fewer opportunities for leaders to use procedural tricks to prevent an airing of a member's ideas for improving a bill. Most significantly, the Reform Commission has recommended that the power and authority of the House Rules Committee be restricted. At its last meeting, the Reform Commission adopted a proposal that limits the ability of the Rules Committee to amend bills. Over the last several years, the public has been virtually shut out when bills were amended by the Rules Committee. Much of the public anger over deal making in back rooms is directly related to major changes to bills having been made in the Rules Committee when those changes have not been fully aired through a deliberative legislative process. The restriction on the ability of the Rules Committee to amend bills is one of the best ways to redistribute power in the House of Representatives. Leaders will not be able to treat the Rules Committee as a super committee that overrides the members of the legislature. This change, along with other recommendations of the Reform Commission will give the rank and file a greater ability to play a more meaningful role in the work product of the legislature. Now the recommendations move to the full House of Representatives for their consideration. All of the members of the House will have a chance to go on record on whether they support a legislative process that provides more information to the public, more meaningful public comment on legislation, more opportunities for all legislators to significantly engage in the legislative process, and greater deliberation over the issues that are considered in our state capitol. If these changes are adopted, it will then be up to the leadership and all the House members to make sure that these rules are fully embraced and become the standard practice in Harrisburg, especially when difficult and contentious issues come up in the legislature.
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