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Jubelirer, Perzel File Lawsuit Challenging Governor's Budget
Vetoes
HARRISBURG -- Senate
President Pro Tempore Robert C. Jubelirer and Speaker of the House John M.
Perzel today filed a lawsuit in Commonwealth Court seeking to have Governor
Rendell's budget language vetoes overturned.
Among the items vetoed by
the Governor in the 2005-06 budget and challenged in today's lawsuit are:
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Language designed to
ensure the continuation of Pennsylvania's long-standing policy prohibiting
the use of state money for abortions and abortion counseling; and
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Language prohibiting the
closure of state police barracks without notice and a public hearing.
“The Constitution permits
the Governor to blue-line veto parts of appropriations bills. But that
authorization only extends to amounts of funding. The Constitution does not
grant any governor the ability to redefine the permissible use of funds by
vetoing restrictive language put into the budget by the General Assembly,” the
Leaders said.
“In the Governor's veto
message, he clearly states in one instance that he believes the language is 'bad
public policy.' However, he only vetoed the language instructing him on how to
use the money – not the funding itself,” the Leaders pointed out.
“The Governor has improperly
intruded on the legislature's appropriation function. He has intruded on the
judiciary's role in his attempt to decree what is or is not constitutional or
violative of federal law. It is important that we ask the courts to settle the
issue of the scope of a governor's authority. The outcome will affect the
ability to reach budget agreements in the future,” the Leaders stated.
Other vetoed items being
challenged in the lawsuit include:
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Language allowing
PennDOT to adjust highway or bridge construction contracts involving steel,
which were entered into prior to March 1, 2004, to permit the Department to
deal with dramatic cost shifts in the steel market. Ironically, the
Governor allowed identical language to stand in the 2004-05 budget.
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The earmarking of $1.5
million for a traffic safety enhancement pilot program.
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