PHILADELPHIA (KYW Newsradio) — The Pennsylvania House wrapped up a special session on Friday by passing legislation that could allow child sex abuse survivors who are outside the statute of limitations a chance to sue their abusers.
There are concerns about whether or not that law could stand up to litigation.
It is one of two bills the House took up to achieve that goal. The other bill, seeking to do the same by way of an amendment to the state Constitution, passed 161-40 with broad bipartisan support.
Many lawmakers believe the only way to properly allow an exemption to statutes of limitations is by amending the state Constitution.
To amend the Constitution, both the House and Senate need to pass legislation in two separate sessions, then it goes on the ballot for all Pennsylvania voters to decide. Both chambers passed it last session.
The legislature passed a similar measure that was supposed to be on the ballot in 2021, but it never made it after the Department of State failed to properly advertise it.
York Republican Seth Grove voted in favor, but said the special session opens the proposed amendment up for legal challenges. He questions the rules that governed the special session the House convened in order to pass the amendment.
Related
Republican Russ Diamond noted this version doesn’t allow an exemption for government agencies, including public schools.
“This will not cost any school district a dime. It will not cost the commonwealth a dime. It will cost the taxpayers,” Diamond said. “And in fact, the taxpayers of tomorrow will be paying for the sins of yesterday's governmental administrations.”
Others, including Westmoreland County Republican Eric Nelson and Western Pennsylvania Republican Eric Devenzo, say they support letting victims of abuse seek justice, but allowing them to sue public schools and other government agencies puts undue punishment on taxpayers.
“Every criminal that committed these crimes needs to pay their debt to society, but this bill doesn't do that. This bill goes on the backs of the taxpayers,” Devenzo said.
Related
Before the vote, Nelson said the bill could “decimate public education” and “skyrocket property taxes,” and urged members to vote on more than emotion alone.
“Those claims are said to be $5 billion to $35 billion in settlements … that our school districts are going to have to pay,” Nelson said.
House Speaker Mark Rozzi, D-Berks County, himself a survivor of sexual abuse as a child, called that claim nonsense, questioning those claiming the amendment would punish taxpayers.
“The victims have to prove their cases, or you get nothing, so talking about ‘We're bankrupting’ anybody — especially the public schools — is absolutely ridiculous,” Rozzi said.
“Let me check my sheets. Was that something that the Catholic Conference or the Insurance Federation sent me? I don't know.”
Related
The House Democratic Caucus released a statement praising passage of the amendment:
"Today House Democrats stood with the brave survivors of child sex abuse and fought for the passage of two measures that would provide them a pathway to justice. Overcoming an onslaught of meritless objections by members of the minority party, a bipartisan group stood together to ensure justice delayed is not justice denied."
The caucus called on the Senate to "honor its pledge to Pennsylvanians" by passing the amendment quickly. But it still has a long road ahead of it.
However, the bill faces an uphill battle in the state Senate, where it is unlikely to pass. The Republican-controlled Senate did pass a similar constitutional amendment but packaged it with other amendment proposals, such as a voter ID requirement, that Democrats say are non-starters.
The earliest any amendments could be on the ballot is the November election, as the legislature has missed the window to get the amendments on the May primary ballot.