Wednesday, June 21, 2006

special laws - Article III, sec. 32 - class of one

Pa. Turpike Commission v. Attorney General - Supreme Court - June 19, 2006

http://www.courts.state.pa.us/OpPosting/Supreme/out/J-13-2006mo.pdf

A law that was applicable to only a single public employer was held to be a "special law" which violated Article III, sec. 32, of the state constitution

Article III, sec. 32 states that " The General Assembly shall pass no local or special law in any case which has been or can be provided for by general law and specifically the General assembly shall not pass any local or special law" about a list of 8 specific areas, including ones "regulating labor, trade, mining or manufacturing." It also says: "Nor shall the General Assembly indirectly enact any special or local law by the partial repeal of a general law; but laws repealing local or special acts may be passed."

The court held that there was "no rational reason" for the differential treatment established by the statute" and that there was "nothing distinctive" about the two differently-treated entitited that required different treatment. The acts classifications "does not rest upon some ground of difference or any real distinction....." The "narrow classification in the Act....does not bear a reasonable relationship" to the allged statutory purpose. In addition, the act created a class of one, with no reasonable prospect of another members being able to join the class in the future.