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Voters should be on the lookout for lawmaker mischief

Pennsylvanians have a right to be nervous this month. The reason has nothing to do with a shortage of flu shots or the approach of winter weather. The reason many state residents are rightfully concerned is that lawmakers are in Harrisburg during a lame-duck session - a notorious time for late-night deal-making and me-too pay hikes.

History has proven that the period after the election and before the official end of the legislative session on Nov. 30, is a favorite time for legislative mischief. With regretful regularity, lawmakers often wait until the final days of a legislative session to take care of much of their business. In fact, they often wait until the final hours of the final days, to take actions they suspect voters would not appreciate - such as pay raises for themselves or tax hikes.

The propensity of a lame-duck session to produce mischief is the reason 39 states have prohibited them, except for emergencies. But in Pennsylvania, the citizens can only wait - and hope - that lawmakers act responsibly.

The only alternative is to vote out the offending lawmakers in the next election.

The probability for mischief is heightened by the fact that some lawmakers now in Harrisburg won't be returning because they were defeated on Nov. 2 or because they were not seeking re-election. These members are clearly no longer accountable to voters. And many lawmakers who will be returning next year understand that voters are tired of politics and are shifting their attention to the upcoming holidays. They also realize that if something controversial does happen this month - like a 2 a.m. pay raise vote on the final day of the session - it will be two years before the next election and most voters will probably forget any anger and frustration trigged this month.

In the coming days,

lawmakers are reported to be considering several potentially volatile votes.

One high-profile issue that has been bouncing around the Capitol for months is a reworking of the slots legislation that would roll back the provision that permits lawmakers to own up to 1 percent of a gambling interest. The proposed change would be a total prohibition against any ownership in any gambling interests. A related proposal would amend the slots legislation passed last summer to permit the state's attorney general to have more authority to investigate gambling related criminal activity.

Another important issue that could emerge from Harrisburg is a requirement that lobbyists register and publicly report how much money they spend trying to influence legislation. Because the state's previous lobbyist disclosure law was struck down by the courts two years ago, Pennsylvania is now the only state without such a law. This measure will be watched by the media and good-government groups with great interest.

Other issues to be considered include a possible gas tax hike, crafting financial remedies to help Pittsburgh climb out of its budgetary hole, extension of the $220 million subsidy to help state doctors pay for their medical malpractice insurance and a plan pushed by Gov. Ed Rendell to boost pay for Cabinet members - an issue that many observers fear might be expanded in the wee hours of a late November night to include a pay raise for lawmakers.

If that happens, lawmakers will have done it only because they can, not because they can justify it.

One more issue floating around Harrisburg that is being most closely followed on the other end of the state involves giving big tax breaks to multibillion-dollar cable giant, Comcast Corp., to move its headquarters into downtown Philadelphia.

There is plenty of important business that has been left undone over the past two years of this legislative session. The lame-duck session can be a time to take tough votes that are the right thing to do for Pennsylvania. But more often than not, lame-duck sessions are a time for lawmakers to take cynical, self-serving votes that they think voters will forget about by the time the next election rolls around. A 90 percent re-election rate for incumbents suggests they have little to fear from voters.

Media outlets across the state should stay with this story and let lawmakers know that they are being watched. And voters should stay tuned and pay attention to what is done, or not done, in the 2004 version of the lame-duck session in Harrisburg. It will say a lot about lawmakers' priorities.

- J.L.W.III

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