PENNSYLVANIA Court upholds disputed veto of farming bill by governor

Some local farming ordinances are more strict than state law.
HARRISBURG (AP) -- The veto of a farming bill by Democratic Gov. Ed Rendell late last year is valid even though the Legislature did not receive notice of his decision within a 10-day period prescribed in the state constitution, Commonwealth Court ruled.
Republican leaders in the state House and Senate sued in May over the governor's rejection of a bill to prohibit local farming ordinances that are more stringent than state law. The bill would have allowed farmers to challenge such ordinances in court and recoup legal costs.
House Speaker John M. Perzel and Senate President Pro Tempore Robert C. Jubelirer sought to set aside Rendell's Dec. 31 veto because he did not meet a Jan. 1 deadline by which to notify lawmakers of his decision.
At that point, the Legislature had closed up and gone home, so Rendell filed notice with the secretary of the commonwealth instead. The House received word of it on Jan. 5.
The state constitution permits an exception to the notification requirement when the Legislature has adjourned, but Republicans argued that "adjournment" has historically referred to the end of a two-year legislative term, not a holiday break or other midterm recess.
Ruling
On Thursday, a five-judge panel unanimously ruled that invalidating the veto could open the way for future legislatures to sidestep the governor's power by simply adjourning for longer than 10 days.
"We cannot interpret the Pennsylvania Constitution based on an assumption that the manners and customs of today's General Assembly will continue into the future; we just interpret the Pennsylvania Constitution to ensure that its checks and balances will continue into the future," wrote Judge Rochelle S. Friedman.
Rendell's spokeswoman said he shared that concern.
"The Legislature could have the ability to usurp the governor's ability to veto legislation if [the Republicans'] interpretation would have held true," said press secretary Kate Philips.
Appeal
The Republican leaders will appeal, said Jubelirer's spokesman, J. Andrew Crompton.
"We're obviously disappointed in the decision, and we think the court ignored about 150 years of common practice regarding vetoes," Crompton said.
The Pennsylvania Farm Bureau, which supported the bill, estimated that about 60 of the state's 1,450 townships have adopted farming ordinances more restrictive than state law.
Environmentalists opposed the bill, saying it could prevent localities from regulating manure at large factory farms. Rendell said he wanted a different balance between the business interests of farmers and the harmful effects of manure run-off.