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(November 2004) Pennsylvania’s State Senate and House of Representatives have reached the Lame Duck Session, their biennial end-of-session celebration and legislative free-for-all. Historically, these last weeks produce large amounts of activity, especially considering the relatively short duration.  IssuesPA offers a preview of some of the issues that may be considered.

What is a Lame Duck Session?

Pennsylvania’s Constitution says members of the state legislature take office on December 1 following their election in early November.  This effectively ends the legislative session November 30 in even-numbered years, which leaves a few short weeks – from Election Day to the end of the month – for last-minute legislative action.  And here’s the rub.  Some senators and representatives won’t be returning in the new session because they didn’t seek re-election or lost in their bids for re-election   But they still can vote in these waning days of the old session – thus the label “lame ducks.”

Why the flurry of activity during a Lame Duck session? Lame Duck legislators can cast their votes without being held accountable in the next election.  And others who did win re-election won’t face another re-election for two (House) or four (Senate) years – a long time in voter memories.  Given this scenario, legislators are willing to take on issues and cast votes that have higher-than-normal political risk during a Lame Duck session.

What issues could be on the Lame Duck calendar?

Though it’s hard to be certain which issues will surface this month, there are rumblings about likely contenders and biennial favorites:

1. Gambling re-do. 

Last spring, the legislature approved and Governor Rendell signed a measure authorizing slot machines to provide tax relief.  Several provisions in the new law already haven’t stood the test of time, though it’s been only six months and slot machines won’t be operating for almost another year.  The provision drawing the most attention and criticism is the limitation of ownership by legislators in gambling companies – now at 1%.  Many legislators say it should be 0% and be extended to family members. With the issue again under debate, it’s likely other gambling issues will be discussed. Could gambling opponents attempt to gut the new law?

2. Mass transit funding. 

Mass transit agencies, particularly in the two largest urban areas, are experiencing fiscal difficulties and are threatening to severely cut costs by eliminating weekend and other off-peak service and/or significantly increasing fares. Some expect state assistance, possibly through a new dedicated funding source.  Will the rest of Pennsylvania pick up the tab, and if so, how much? And how will lawmakers pay for it?

3. Gas tax increase. 

Flat revenues, increasing road maintenance demands, uncertainty in federal funding, and the desire for new roads have some legislators believing the time has come to increase the gas tax.  Pennsylvania already has some of the highest tax rates on fuel in the nation. Could they go even higher?

4. Pittsburgh financial distress. 

As reported earlier by IssuesPA, the City of Pittsburgh is now in Act 47 distressed status.  Many involved in the recovery process believe adding new taxing authority should be part of the solution.  Several new taxing options under consideration require state authorizing legislation before they can be implemented.  How interested will a statewide legislature be in Pittsburgh issues?  Will discussion spill over into the growing fiscal problems of other cities and towns?

5. Pay raise for state officials. 

A Lame Duck session wouldn’t be complete without at least some talk of a pay raise for legislators and other state officials.  The Governor initiated the discussion when he asked the legislature to raise the salaries of cabinet members to help attract highly qualified candidates.  Pay increases for senators and representatives may not be far behind. 

Because the Constitution prohibits legislators from receiving a pay raise enacted during the same session, any increase wouldn’t take effect until the next legislative session.  Cabinet officials would have to wait for reappointment as well.  Can the case be made for both executive and legislative pay raises?  Or, is this topic too much of a political hot potato, even for the Lame Duck calendar?

6. Growing Greener II.

One of Governor Rendell's top issues in his 2004-05 state budget proposal, Growing Greener II is an expansion of Pennsylvania's Growing Greener program and would include new funding to protect open space, to clean up the environment, and to revitalize PA's communities -- all paid for with an $800 million bond issue and increases in waste tipping fees. Will the Governor be able to push through his Growing Greener agenda in the Lame Duck session? 

Though Pennsylvanians may want to breathe a collective sigh of post-election relief and perhaps take a break from politics and public policy, any Lame Duck session deserves careful attention. In the past, the legislature has approved several controversial measures during this session – legislation that probably couldn’t have been enacted under normal circumstances.  Stay tuned for further developments.