Thanks to one of the most egregious examples of muscle politics seen in Harrisburg recently, the day of reckoning is at hand -- for Gov. Ed Rendell, for the state constitution, for sexual assault victims, for Pennsylvania's environment and for the right of every township and borough to make and enforce its own laws.
It started with a legislative hijacking. Late at night, with no hearings and no notice, the Pennsylvania Senate made a stealth attack on a bill that changed sentencing laws for sexually violent offenders and drunken drivers. House Bill 1222 had universal support and had been sent to the Senate by the House for final agreement.
But instead of agreeing, late last Wednesday the Senate inserted language that strips local governments of all rights to protect citizens from the pollution caused by factory farms. Factory farms are large-scale, vertically integrated operations where hundreds or thousands of animals are confined in tight spaces, with little or no access to sunlight and with the manure sometimes posing a pollution problem.
On Thursday, the bill moved to the House. Its members were aghast, with the original bill's prime sponsor (Melissa Murphy Weber, R-Montgomery) decrying the tactics and asking that her name be removed from the legislation. Women's rights groups called legislators and asked that the bill be tabled.
Legal experts pointed out that adding the factory farm protection provision violated the Pennsylvania Constitution, which requires legislation to be about one subject only. And the environmental community mobilized to try to stop the bill, pointing out that this factory farm rider had been voted down when considered separately, because it was clear it would give free rein to factory farms to destroy the water, air and land of rural Pennsylvania.
This was obviously an attempt to win by stealth what couldn't be won by honest governing. And the debate on the floor wasn't pretty. Opponents listed the procedural problems with this anti-democratic farce -- there had been no hearings on the farming amendments and no opportunity to amend the bill by the House. It was unconstitutional. It was anti-democratic.
Those supporting the new factory farm bill argued that a vote against the bill was a vote for child molestation. And in the end, fear of slimy campaign charges helped carry the day, and the amended bill passed.
The cynicism and hypocrisy of the Legislature reached a new low with this action. The folks behind the legislative hijacking seem to think of sexual assault survivors as "bargaining chips" for their own advantage. They regard the democratic process and local elected officials as mere pawns to be batted away when agri-businesses wants to build and expand. They seem to think of the constitution as a mere list of suggestions, rather than a legal bible containing our most basic rights and responsibilities. And most of all, they seem to believe that they themselves are above the law.
The bill is now on its way to the governor, and he'll have 10 days after he receives it to decide whether to veto or to sign it. These 10 days are probably the busiest of the entire year for most Pennsylvanians, with Hanukkah, Christmas, Kwanzaa and New Year's celebrations taking everyone's minds away from politics and current events. And with attention elsewhere, Gov. Rendell could quietly sign this bad bill, while avoiding the bad publicity that would come in less hectic times.
But the governor must veto this bill -- there is too much at stake to let it become law.
First off, Pennsylvania's townships and boroughs are endangered by this measure, particularly the 60 townships that have already adopted ordinances to regulate factory farms. Because of the bill's language, every one of these municipalities will immediately be vulnerable to harassing lawsuits by agri-businesses, with the cost of defending those suits borne by the taxpayers.
Communities that try to protect their citizens' health will find their hands tied. Instead, they'll get all of the risks with no protection. They will be forced, like the citizens of Blain in Perry County, to pay to replace their own drinking water after a factory farm destroyed their water supply.
A second reason why the governor must veto this bill is to uphold our most basic law. When Gov. Rendell pledged to defend the state's constitution, he surely meant it. Vetoing the bill would prove that.
Candidate Rendell, on Feb. 20, 2002, said, "We cannot skimp on preserving our environment. Without clean air, clean water and environmental values, the lives of Pennsylvanians now and in future generations will be diminished and others will not come here to live, to do business or to visit our unique natural resources." Vetoing HB 1222 would prove that these were not just empty campaign promises, and would let the governor keep faith with those who voted for him.
Finally, a governor's veto would send a clear message to an out-of-control legislature that the time for sleazy tactics is over -- no more treating sexual assault victims or anyone else as bargaining chips. No more threats and lies about votes. In short, no more business as usual.
Gov. Rendell has a rare opportunity to return some dignity to the legislative process by vetoing this bad legislation. His day of reckoning is at hand.