Governor to play key role in special session on taxes
HARRISBURG – Gov. Mark Schweiker will play a major role in setting the agenda for a special legislative session on property tax reform, according to a legal expert. Although Schweiker still hasn’t responded to the state Legislature’s request for him to convene a special legislative session on property tax reform, a leading legal expert has told lawmakers to expect the session to occur before December.
Administration officials are reviewing a petition signed by a majority of legislators to determine if it’s legitimate. Under the state Constitution, the governor is required to convene a special session if a majority of lawmakers request one. But the petition contains some signatures that are questionable, said a spokesman for Schweiker.
Nonetheless, a legal expert has advised members to expect the session. According to minutes from a Senate Republican meeting last week that was obtained by this newspaper, legal counsel Steve MacNett “suggested staff to expect one.”
MacNett also said that Schweiker holds a great deal of oversight on the session. By law, the governor determines the start date for a special session. The only stipulation on the timeline is that Schweiker must convene the session by Nov. 30, the final day of the regular legislative session. The Legislature decides when to adjourn the session, but it can’t go beyond Nov. 30.
In order for there to be any hope of making reforms, the session must be convened by Nov. 25. It takes at least five days to pass legislation, MacNett said. A bill must spend three days in the House and three days in the Senate. One of the days can overlap.
When and if Schweiker does convene the session, he gets to decide what will be discussed and debated.
“He has the authority and latitude to carefully craft and determine what specific components of local tax reform will be addressed,” MacNett said.
That means that, hypothetically, Schweiker could tell the Legislature to debate only one of the many ideas for property tax reform, such as eliminating local taxes and replacing the lost revenue with an increase in the state sales tax. But Schweiker doesn’t have a game plan yet, his spokesman said.
“It’s too soon for that,” said Steve Aaron. “We’re still evaluating the validity of the petition. It would be premature to talk about the scope of what a special session would entail.”
Aaron said administration officials would probably determine by the end of the week whether the petition is valid.
“We have some serious concerns,” Aaron explained earlier. “If this was a nominating petition, the candidate would be tossed off the ballot. In just a cursory review, there are three people who have signed this petition twice. There are numerous instances in which entries have been crossed out and written over in different pen and it appears to be different handwriting.”
This is the first time ever that the Legislature has submitted a petition requesting a special session. In the past, the governor has always called for special sessions himself.
The petition, which was circulated by Sen. Lisa Boscola, D-18, Bethlehem, was signed by 26 senators and 102 House members – the minimum needed for a majority. It contains the names of several local lawmakers.