DeWeese v. Weaver

• Decision Date: 13 May 2003
• Citation: 824 A.2d 364
• Parties: H. William DeWEESE, House Minority Leader and Member of the House Rules Committee, and Mike Veon, Democratic Whip of the House of Representatives, Petitioners, v. Honorable C. Michael WEAVER, Secretary of the Commonwealth of Pennsylvania, Respondent.
• Court: Pennsylvania Commonwealth Court

824 A.2d 364

H. William DeWEESE, House Minority Leader and Member of the House Rules Committee, and Mike Veon, Democratic Whip of the House of Representatives, Petitioners, v. Honorable C. Michael WEAVER, Secretary of the Commonwealth of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

Argued December 4, 2002.

Decided May 13, 2003.

John W. Morris, Philadelphia, for petitioners.

Calvin R. Koons, Harrisburg, for respondent.

Before: COLINS, President Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, SIMPSON, Judge, and LEAVITT, Judge.

OPINION BY Judge LEAVITT.

Two members of the House of Representatives, H. William DeWeese, House Minority Leader, and Mike Veon, Democratic Whip (collectively Petitioners), have filed a petition for review to have certain amendments to the Judicial Code declared unconstitutional under the "single subject rule" and related provisions of the Pennsylvania Constitution, and to have enforcement of these statutory amendments enjoined. C. Michael Weaver, Secretary of the Commonwealth of Pennsylvania (Respondent), has filed preliminary objections asserting that the petition for review, in its entirety, fails to state a cause of action. Here, we consider whether Petitioners' action should be dismissed.

We begin with a review of the pleading, which relates to the manner by which the challenged provisions of the Judicial Code became law. It is axiomatic that the facts in a pleading must be deemed true in deciding whether they state a cause of action, but those "facts" relevant to Respondent's preliminary objections are matters of public record, and, for the most part, not in dispute.¹

On October 9, 2001, the Senate introduced Senate Bill 1089, Printer's Number 1370 (SB 1089 or SB 1089, PN___). SB 1089 proposed amendments to the DNA Detection of Sexual and Violent Offenders Act (DNA Act), Act of May 28, 1995, Sp. Sess., P.L. 1009, 35 P.S. §§ 7651-7651.1102.² SB 1089, PN 1370 was titled as follows:

AN ACT

Amending the act of May 28, 1995 (1st Sp.Sess., P.L. 1009, No. 14), entitled "An act providing for DNA testing of certain offenders; establishing the State DNA Data Base and the State DNA Data Bank; further providing for duties of the Pennsylvania State Police; imposing costs on certain offenders; and establishing the DNA Detection Fund," further providing for DNA sample required upon conviction and for expungement.

The amendments of SB 1089 proposed to have a genetic sample obtained from every felony sex offender, including those who had been convicted prior to the effective date of the DNA Act, at some point during incarceration.³ The amendments also proposed to eliminate the ability of persons convicted for a felony sex offense prior to the effective date of the DNA Act to have their DNA records expunged.

The same day SB 1089 was introduced in the Senate, it was referred to the Senate Judiciary Committee and reported out of committee. After three considerations, the Senate passed SB 1089 on November 14, 2001.

On November 15, 2001, the House of Representatives received SB 1089 and referred it to the House Judiciary Committee. The House amended SB 1089 to include additional crimes within the DNA Act's definition of "felony sex offense" and "other specified offense." On December 12, 2001, the House passed its version, i.e., SB 1089, PN 1625.

On that same day, SB 1089, PN 1625 was returned to the Senate and referred to the Rules and Executive Nominations Committee. The Senate concurred in the House amendments with one exception: it deleted aggravated assault from the expanded list of "other specified offenses." On March 19, 2002, the Senate passed SB 1089, PN 1799, and it was returned to the House.

On June 4, 2002, the House inserted amendments to SB 1089 that are the subject of this controversy. These amendments, set forth in SB 1089, PN 2041, also included a new title for the bill, which now read as follows:

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, Providing for DNA Testing of Certain Offenders; Reestablishing the State DNA Data Base and the State DNA Data Bank; Further Providing for Duties of the Pennsylvania State Police; Imposing Costs on Certain Offenders; Reestablishing the DNA Detection Fund; Further Providing for the Apportionment of Liability and Damages; Imposing Penalties; and Making a Repeal.

SB 1089, PN 2041 (emphasis added). This remained the title of the bill until its final passage and signature by the Governor.

Section 1 of SB 1089, PN 2041 codified the DNA Act, which had previously been a stand alone, uncodified enactment;⁴ the DNA Act became new Chapter 47 of the Judicial Code. 42 Pa.C.S. §§ 4701-4741. Section 2 of SB 1089, PN 2041, amended Chapter 71 of the Judicial Code, which relates to comparative negligence. Specifically, SB 1089, PN 2041 provided that in civil cases where liability for negligence is "attributed to more than one defendant," each defendant can only be held liable for proportional damages equal to his proportion of the total liability. 42 Pa.C.S. § 7102(b).⁵

SB 1089, PN 2041 was reported out of committee that same day, and it was passed by the House after one consideration. Upon its return to the Senate, SB 1089, PN 2041 was placed on the calendar, and on June 12, 2002, it was passed by the Senate with a technical amendment. The bill, now SB 1089, PN 2082, was sent back to the House for concurrence in the amendment.

On June 17, 2002, the House referred SB 1089, PN 2082 to the Rules Committee, which reported it out of committee that day. Later that day, the House concurred in the Senate amendment, and on June 18, 2002, SB 1089, PN 2082 was signed in the House. On June 19, 2002, the bill was signed in the Senate; later that day, SB 1089, PN 2082 was signed by the Governor to become the 57th Act of 2002 (Act 57).

On August 14, 2002, Petitioners filed this action, asserting that Act 57 violated Article III, Sections 1, 2, 3 and 4 of the Pennsylvania Constitution.⁶ On September 16, 2002, Respondent filed preliminary objections in the nature of a demurrer asserting that Petitioners failed to state a cause of action upon which relief can be granted. He challenges only those claims of Petitioners asserted under Article III, Sections 1 and 3. Respondent's theory is that if Act 57 survives a challenge under Sections 1 and 3, then, necessarily, it also survives a challenge under Sections 2 and 4.⁷ Thus, Respondent requests that Petitioners' entire action be dismissed. Preliminary objections that result in dismissal of an action should be sustained only in cases that are free from uncertainty. Parker v. Department of Labor and Industry, 115 Pa.Cmwlth. 93, 540 A.2d 313 (1988). On the other hand, a statute is presumed to be constitutional and not to be declared otherwise unless it "clearly, palpably, and plainly violates the Constitution." Pennsylvania Liquor Control Board v. Spa Athletic Club, 506 Pa. 364, 370, 485 A.2d 732, 735 (1984). Because all doubts are to be resolved in favor of sustaining a statute, the party challenging a statute's constitutionality bears a heavy burden of persuasion. Pennsylvania School Boards Association, Inc. v. Commonwealth Association of School Administrators, 569 Pa. 436, 443, 805 A.2d 476, 479 (2002). This burden is particularly weighty where, as here, the challenge is not to the substance of the law but to the procedure by which it was enacted, an issue which implicates the delicate relationship between the legislative and judicial branches.⁸

Against these principles, we consider whether Petitioners state a claim under Article III, Sections 1 and 3 of the Pennsylvania Constitution. To sustain the Respondent's preliminary objections, we must find that the title of the final version of the bill was not deceptive.⁹ Further, we must find that Chapters 47 and 71 of the Judicial Code relate to the same subject.¹⁰ Respondent contends that the two chapters are related to the general subject of the business of the courts. Specifically, he argues that new Chapter 47 establishes consequences for certain criminal verdicts and amended Chapter 71 establishes consequences for certain civil verdicts.

The heart of Petitioners' claim is that Act 57 violates Article III, Section 3, and so we consider, first, Respondent's preliminary objection to this claim. Article III, Section 3 provides that "[n]o bill shall be passed containing more than one subject, which shall be clearly expressed in its title ...." (emphasis added). Known as the "single subject rule," this constitutional mandate stands in the way of the omnibus bill that addresses so many subjects that the real purpose of the legislation is disguised in a misleading title. Article III, Section 3 also bars legislative "logrolling," which is the practice of combining several legislative proposals, not one of which could pass on its own merits, into one bill. By combining the minorities who favor one of the bill's parts, a majority is obtained on all parts. Common Cause of Pennsylvania v. Commonwealth, 668 A.2d 190, 197 (Pa.Cmwlth.1995).¹¹ The single subject rule also prevents the attachment of riders to popular bills that are certain of adoption. Such riders become law, not on their own merits, but on the strength of the bill to which they are attached. Id. Finally, a bill addressing a single topic is deemed more likely to obtain a considered review than one addressing many.¹²

For purposes of Article III, Section 3, our Supreme Court has defined "subject" as follows:

[t]hose things which have a "proper relation to each other," which fairly constitute parts of a scheme to accomplish a single general purpose, "relate to the same subject" or "object." And provisions which have no proper legislative relation to each other, and are not part of the same legislative scheme, may not be joined in the same act.

Payne v. School District of Borough of Coudersport, 168 Pa....