Pennsylvania AFL-CIO by George v. Com.

• Decision Date: 01 April 1997
• Docket Number: AFL-CIO
• Citation: 691 A.2d 1023
• Parties: PENNSYLVANIA, by William GEORGE and Richard Bloomingdale, Trustees Ad Litem; and Pennsylvania Federation of Injured Workers, Inc.; and Philadelphia Area Project on Occupational Safety and Health, Petitioners, v. COMMONWEALTH of Pennsylvania; and Thomas J. Ridge, in his official capacity as Governor of the Commonwealth of Pennsylvania; and John J. Butler, in his official capacity as Secretary of Labor and Industry of the Commonwealth of Pennsylvania, Respondents.
• Court: Pennsylvania Commonwealth Court

Page 1023

691 A.2d 1023

PENNSYLVANIA AFL-CIO, by William GEORGE and Richard Bloomingdale, Trustees Ad Litem; and Pennsylvania Federation of Injured Workers, Inc.; and Philadelphia Area Project on Occupational Safety and Health, Petitioners, v. COMMONWEALTH of Pennsylvania; and Thomas J. Ridge, in his official capacity as Governor of the Commonwealth of Pennsylvania; and John J. Butler, in his official capacity as Secretary of Labor and Industry of the Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

Argued Dec. 11, 1996.

Decided April 1, 1997.

Irwin W. Aronson, Camp Hill, and Eric B. Schnurer, Harrisburg, for petitioners.

Gregory E. Dunlap, Deputy General Counsel, Harrisburg, for respondents.

Linda J. Shorey, Harrisburg, for intervenors, Senator Loeper, et al.

John H. Broujos, Carlisle, for intervenors, Albert Belan, et al.

Before COLINS, President Judge, and DOYLE, PELLEGRINI, FRIEDMAN, KELLEY, FLAHERTY and LEADBETTER, JJ.

KELLEY, Judge.

On July 19, 1996, the Pennsylvania AFL-CIO, Pennsylvania Federation of Injured Workers, Inc., and Philadelphia Area Project on Occupational Safety and Health (collectively, petitioners) filed a five-count petition for review in the nature of a complaint in equity (petition for review) addressed to this court's original jurisdiction. In the first four counts of the petition for review, petitioners allege that the General Assembly violated mandatory provisions of the Pennsylvania Constitution when it enacted Act 57 of 1996 (Act 57). ¹ In the fifth count of the petition for review, petitioners allege that the Committee on Rules of the House of Representatives violated the Sunshine Act ² when it conducted a meeting to consider Senate Bill No. 801, which ultimately became Act 57, at a time other than that announced by the Speaker of the House of Representatives.

Petitioners request a declaratory judgment that Act 57 was unconstitutionally or unlawfully enacted. They further request that the Commonwealth of Pennsylvania, Thomas J. Ridge, in his official capacity as Governor of the Commonwealth of Pennsylvania, and Johnny J. Butler, in his official capacity as Secretary of Labor and Industry of the Commonwealth of Pennsylvania (collectively, respondents) be permanently enjoined from implementing any of the provisions of Act 57 ³ and that petitioners be granted reasonable counsel fees and costs.

On August 19, 1996, respondents filed preliminary objections to the petition for review. Respondents also requested that this court strike portions of the petition for review. On September 11, 1996, Senators F. Joseph Loeper, Gibson E. Armstrong and Noah W. Wenger (collectively, Loeper intervenors) also filed preliminary objections to the petition for review. ⁴ The preliminary objections of respondents and the Loeper intervenors are now before this court for disposition. ⁵

On September 13, 1996, Senators Albert V. Belan, Gerald J. LaValle, Richard A. Kasunic and Christine M. Tartaglione (collectively, Belan intervenors) filed a four-count petition for review in the nature of a complaint in equity (Belan petition for review) addressed to this court's original jurisdiction. ⁶ Like petitioners, the Belan intervenors allege in their petition for review that the General Assembly violated mandatory provisions of the Pennsylvania Constitution when it enacted Act 57. The Belan intervenors request the same relief as petitioners.

On September 26, 1996, respondents filed preliminary objections to the Belan petition for review. Respondents also requested that this court strike portions of the Belan petition for review. On October 15, 1996, the Loeper intervenors filed preliminary objections to the Belan petition for review. The preliminary objections of respondents and the Loeper intervenors to the Belan petition for review are also now before this court for disposition.

The parties in this case have not stipulated to facts relating to the enactment of Act 57. However, this court can take judicial notice of the Legislative Journals, as well as the various versions of Senate Bill No. 801, the bill ultimately enacted as Act 57. For purposes of ruling on the preliminary objections which are now before us, we shall adopt the facts as set forth by this court in its opinion on petitioners' application for a preliminary injunction. See Pennsylvania AFL-CIO v. Commonwealth, 683 A.2d at 692-94.

I. FACTS

1. On March 21, 1995, Senate Bill No. 801, Printer's No. 850, was introduced in the Pennsylvania Senate and referred to the Senate Committee on Labor and Industry. The original bill was entitled as follows:

AN ACT Amending the act of June 2, 1915 (P.L. 762, No. 340), entitled "An act providing for the creation and administration of a State Fund for the insurance of compensation for injuries to employes of subscribers thereto; declaring false oaths by the subscribers to be misdemeanors; and providing penalties for the violation thereof," broadening the State Workmen's Insurance Fund's permissible coverages.

2. On January 31, 1996, the Senate Committee on Labor and Industry reported an amended version of Senate Bill No. 801 to the full Senate, now bearing Printer's No. 1697. The amendments made by the Senate Committee on Labor and Industry related solely to the subject of what is commonly known as the State Workmen's Insurance Fund Law, ⁷ and the title was unchanged.

3. Following two considerations by the full Senate, Senate Bill No. 801, Printer's No. 1697, was referred to the Senate Committee on Appropriations on February 5, 1996.

4. The Senate Committee on Appropriations further amended Senate Bill No. 801, and reported the bill, now bearing Printer's No. 1748, to the full Senate on February 7, 1996. The amendments made by the Senate Appropriations Committee related solely to the subject of the State Workmen's Insurance Fund Law and changed the title of the bill by adding to the original title "and providing for an investigation of the financial integrity and stability of the fund."

5. On February 12, 1996, the full Senate passed Senate Bill No. 801, Printer's No. 1748, by a vote of 48-0.

6. On February 16, 1996, Senate Bill No. 801, Printer's No. 1748, was referred to the Committee on Labor Relations of the House of Representatives.

7. On March 12, 1996, the House Committee on Labor Relations further amended Senate Bill No. 801 and reported the bill to the full House of Representatives as Printer's No. 1815. These amendments again were limited to the subject of the State Workmen's Insurance Fund Law. The word "and" was stricken from the language added by the Senate to the bill's original title, and the words "and making a repeal" were added to the amended title.

8. On May 1, 1996, Senate Bill No. 801, Printer's No. 1815, was passed by the full House of Representatives by a vote of 197-0.

9. Following passage by the House of Representatives, Senate Bill No. 801 was returned to the Senate for concurrence in the House amendments and was referred to the Senate Committee on Rules and Executive Nominations on May 6, 1996.

10. On June 11, 1996, Senate Bill No. 801, now bearing Printer's No. 2102, was amended by the Senate Committee on Rules and Executive Nominations. These amendments included substantial changes to the Workers' Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §§ 1--1041.4. The title of Senate Bill No. 801 was also amended and was now stated as the following:

AN ACT Amending the Act of June 2, 1915 (P.L. 736, No. 338), entitled, as reenacted and amended, "An Act defining the liability of an employer to pay damages for injuries received by an employe in the course of employment; establishing an elective schedule of compensation; providing procedure for the determination of liability and compensation thereunder; and prescribing penalties," further providing definitions, for recovery, for liability for compensation, for financial responsibility, for compensation schedules and for wages; providing for reporting; further providing for notices, for examinations, for commutation of compensation, for exclusions, for the Workmen's Compensation Appeal Board and for procedure; providing for informal conferences; further providing for processing claims, for commutation petitions, for modifications and reversals, for pleadings, for investigations, for evidence, for appeals, for costs and attorney fees, for the Pennsylvania Workers' Compensation Advisory Council and for insurance policies; providing for settlements and for collective bargaining; further providing for ratings organizations, for rating procedures and for shared liability; providing for employer association groups; further providing for safety committees, for penalties, for prosecutions and for collection of penalties; providing for limitation of actions; further providing for assessments; providing for Workers' Compensation Judges and for transfer of administrative functions; transferring provisions relating to the State Workmen's Insurance Fund; and making a repeal.

11. On June 12, 1996, Senate Bill No. 801, Printer's No. 2102, was referred to the Senate Committee on Labor and Industry, which reported the bill without further amendment on June 17, 1996.

12. On June 17, 1996, Senate Bill No. 801 was referred to the Senate Committee on Rules and Executive Nominations, which further amended the bill and reported the bill to the full Senate as Printer's No. 2154. These amendments retained the new title of the bill. ⁸

13. On June 19, 1996, Senate Bill No. 801 was passed by the Senate by a vote of 27-22.

14. On June 19, 1996, Senate Bill No. 801 was returned to the House of Representatives and referred to the House Committee on Rules. Following a meeting of that Committee, the bill was reported to the full House of Representatives as committed.

15. The House of Representatives passed Senate Bill No. 801, Printer's No. 2154, by a vote of 106-97.

16. Senate Bill No. 801,...